Landlord won’t pay back bond

[slateblue]

I have rented an unit in melbourne for 6+ years. As I‘ve moved to another place and asked for my bond - I was told I won’t get back anything as the property has been poorly cleaned. I’ve also given a list of things which can be considered as fair wear and tear.

Now as I’ve asked for the RTBA receipt copy - my landlord said she didn’t lodge it. She said this is private property so didn’t feel like to lodge it to RTBA back when I’ve rented.

I did a quick google and found she has breached section 406 of the rent act and could face up to 150 points fine which is equal to 150 * 192.31 = $28,846.

After mentioning this she told me she can only return 1/3 of the bond money and rest she won’t return.

Should I take the 1/3 or complaint to VCAT or Consumers Rights? And she could be in serious trouble.

 

[karynstone]

@slateblue Report her and apply to VCAT. Information at FLS on recovering unlodged bonds.

 

[slateblue]

@karynstone Thanks mate! Looks like it’s a very serious offence not to lodge with RTBA!

 

[alexiscurious]

@slateblue Huge! They hate it for this exact reason. Land Lords are way less likely to part with money they think is "theirs"

 

[acgonzalez09]

@slateblue Report them to CAV, but don't try and have the fee waived if you can front the cost.

Renters may request the fee be waived or that they include a claim for their application fee to be refunded by the rental provider (s 115B RT Act).

Give your landlord a little extra to pay.

 

[jfeezie013]

@acgonzalez09 This is not a good suggestion. OP should not incur cost(s) before making a bona fide attempt to get the bond back directly from the LL. If OP proceeds with some action that incurs a cost BEFORE making a bona fide request to LL (giving a reasonable period to pay), a tribunal or small claims court will not require LL to pay those costs - on the basis that OP needed to make a reasonable attempt directly with the LL first. People here saying that OP should demand payment today do not understand how the law works (rightly or wrongly). You can’t incur costs frivolously and expect the other party to bear them and you should not make unreasonable demands.

The OP could, on the other hand, ask a solicitor to draft a letter of demand for them and then threaten to seek recovery of this cost IF the deposit is not repaid within a reasonable period (emphasis on reasonable).

 

[acgonzalez09]

@jfeezie013 The CAV report is not a request to get the money back.

I agree, the tenant has a requirement to try and amicably request the bond back and failing that go through VCAT to get a judgement. The CAV notification is reporting of the related but seperate crime of not lodging the bond with the RTBA.

Edit: Actually, now I'm not actually sure where this fee comes in, VCAT, CAV or that Fitroy Legal Services Group?

 

[believingvessel]

@slateblue Had same thing happen, threatened to lodge with RTBA then the landlord very quickly refunded 100%. I would push for 100% refund if you think you deserve it all back as you hold all the power in this negotiation now.

 

[resjudicata]

@slateblue Tell them they have until the end of the day to refund 100% of the bond, and if they have not they will be reported and will be up for a $28k fine, their choice which one they want to lose.

 

[paker]

@slateblue Please do an eventual update. I'd be keen to see how you go

 

[unlightened]

@slateblue Authorities looove these cases she's all sorts of wrong

 

[vidyaranya]

@slateblue It is.....you should send the landlord the link to the information and say if you don't have your bond back in 7 days you will file......trust me you'll get 100% back.

 

[savis]

@karynstone From my brief reading, it would suggest she should also be reported to Consumer Affairs and the RTBA directly. Consumer Affairs can investigate and apply penalties to her (up to $11,538). VCAT can order her to return the bond.

 

[karynstone]

@savis As per the link I posted

 

[jfeezie013]

@karynstone No. Ask her (in writing) for the full bond back and give a deadline (14 days is adequate) and say if it’s not in your bank account by that date that you intend to lodge a written complaint wrt an unlodged bond with VCAT pursuant to whatever act etc.

 

[chibu]

@jfeezie013 Yes, this is a great suggestion.

Quote the relevant legislation section and the fine amount and mention you would also seek your costs if pursuing this matter if not settled prior to applying to VCAT.

 

[jfeezie013]

@chibu Statement of intention to seek compensation for costs is even better.

 

[sweetsnicky91ne]

@slateblue Report her she will get the book thrown at her and you will get all of it back.