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final inspection

By chymyn - 16 June 2010 31

HELP

We had the final inspection yesterday,the Real Estate was very happy.

Later they rang to let us know,that the owner likes to do an inspection on his own on friday.

So they withheld our Bond Money until the Owner gives his OK.

I am so upset. We done everything right,and now we have to wait again.

Thanks, Sabine

What’s Your opinion?


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31 Responses to
final inspection
georgesgenitals 8:17 pm 16 Jun 10

Pandy said :

What if the owner found real damage (not fair wear and tear) that the real estate agent had missed and was clearly not there on the photographic record?

Yes it happens and no wonder the owner wants to do a bit of a check-up after the real estate agent. And maybe it was because the owner had to fly in from interstate and the tenant kept on changing their final date (yes it does happen).

That’s an issue between the owner and the RE agent.

Pandy 7:29 pm 16 Jun 10

What if the owner found real damage (not fair wear and tear) that the real estate agent had missed and was clearly not there on the photographic record?

Yes it happens and no wonder the owner wants to do a bit of a check-up after the real estate agent. And maybe it was because the owner had to fly in from interstate and the tenant kept on changing their final date (yes it does happen).

So who is to blame for the damage? The tenant I would say.

Now you could blame the real estate agent for missing the damage, but a good tenant would fess-up and pay.

So if the OP has not done anything wrong, no problems.

Woody Mann-Caruso 6:03 pm 16 Jun 10

First piece of advice I can give you is not to listen to legal advice through the RiotAct… everyone has their own opinions on things – which aren’t exactly right.

Nobody above has said anything incorrect. Inspections requires a week’s written notice. The landlord’s so-called ‘inspection’ (a) isn’t an inspection under the tenancy agreement and (b) isn’t relevant for bond purposes. The tenancy agreement has been terminated, and the property was in the same condition with fair wear and tear as at the commencement of the tenancy. The lessor has no business delaying the bond release process.

chymyn 4:47 pm 16 Jun 10

Hello,
First I like to say Thank you to all the answers.
I was overwhelmed getting so many replys.
I have to say….The Real Estate is selling this house…
So who ever is renting is always
under the owner. They come first !!! It is my opinion…but I think I am right.
I went to the RE ,have been told,they held the bond till the owner has a look through.
So I rang the bond board and put it in on my own.
I am still upset how unfair the whole thing gets handled.
Thanks again Sabine

icantbelieveitsnotbu 4:19 pm 16 Jun 10

I guess you are relying on getting the money back quickly but if you can wait a week then do that. If not, remember the process to claim the money back takes a while.

In the mean time, be polite and ask for a copy of the agents report in writing. Return the keys if you have not already done so. Don’t agree (in writing) to the second inspection, just acknowledge they are going to do it. Who knows, it may go well? If it does, you’ll have your money back before you know it. If it goes bad, take it to the RTT and follow the advice of previous posts…

thehutch 4:14 pm 16 Jun 10

First piece of advice I can give you is not to listen to legal advice through the RiotAct… everyone has their own opinions on things – which aren’t exactly right.

For example, the owner does not have to give you 7 days notice to enter the property for an inspection in this instance because you are no longer in legal possession of the property. You have had your final inspection and returned your keys I assume, and stopped paying rent – your tenancy is over and the property is in the possession of the Landlord (through their Agent).

This also works against the Landlord, as it will be nearly impossible to show that you caused the damage, as the damage/dirtiness/or whatever could have been caused after you vacated, and the property was in the Agent’s possession. If the Landlord has any problems they will need to address this by getting the Agent to cough up.

Then I would suggest you get advice from people who know what their talking about like the Tenants Union – http://www.tenantsact.org.au/Advice/bond.html

For example the TU stats this:

“A landlord/agent cannot add items that need repairing, restoring or cleaning after the final inspection has been conducted and you have vacated the premises and have no control over what is happening there. Despite what some agents claim, a landlord cannot do an inspection after you have vacated, if they want to do an inspection it has to be with you at the final inspection.”

Finally, there is currently no point putting in a claim for the bond. The Office of Rental Bonds requires both signatures to release funds (unless they send out a letter without a response within I think 10 days) and the Real Estate Agent aint going to sign before Friday. Wait til Friday, if they dont release it on Friday, then put a claim in. Just be aware that if there is a dispute it will take some time to sort out if it goes to the Tribunal… so if it can be sorted out without resorting to that its best as you’ll get your money quicker.

In case the matter cannot be resolved, I would suggest that you document exactly what the agent said at the final inspection and any further correspondence you have had since then. In either case, even if the Agent plays hardball and refuses to release the bond after the landlords inspection – inevitably they will lose in the Tribunal and it will cost them time and money. I would then complain to Fair Trading about the landlord not complying with the Residential Tenancies Act and Agents Act… but I would only play hardball if you have to.

Mothy 3:03 pm 16 Jun 10

Argee with all of the above – the Agent is just that, the owners agent, and they have already passed you.

Their covering their ass letting the owner come back through on their own, and probably didn’t give the owner the opportunity to accompany them the first time around. Not your problem.

Besides, consider this situation – when you entered the house and did the initial condition report, did the owner get involved then? If not, how can they verify the condition at the conclusion of the lease is any different to the condition at is commencement?

preacher 1:40 pm 16 Jun 10

The fact that agent is the accountable representative, as listed by the above posts, and is letting this occur, indicates to me, that the agent is not doing a decent job.

And maybe the owner thinks the same thing, and legitimately doesn’t trust the agent.
Still, not your fault.
It’s the owners problem. I’d be taking this up with the rental tribunal. The agent should know his job better.

ConanOfCooma 1:39 pm 16 Jun 10

You need the minimum notice, which hasn’t been provided.

Advise the agent you would like to make an appointment with them, so that both parties can hop on the phone to the relevant agencies to clarify the legality of what they are trying to do to you.

They are an “agent” for a reason. The owner has delegated responsibility of the house to them. If they wanted to do their own inspections, perhaps they should have rented out privately?

Name and Shame.

Aurelius 1:33 pm 16 Jun 10

And name and shame the RE agent!

Aurelius 1:27 pm 16 Jun 10

Any problems the owner has, you can claim happened between the first and second inspection.
Final inspection is completely non-binding.
Ring Bond Board, and make application for your money.
It’s yours. Not theirs.

housebound 1:15 pm 16 Jun 10

Hmmm, slack real estate agent, and you have nothing in writing.

Send an email followed with a snail mail letter stating the facts, and your response – as suggested by#2 above. Make sure you do it in writing.

ThatGuy 1:09 pm 16 Jun 10

The owner and RE should really have organised to go through together. Although, given the short timeframe, maybe it’s worthwhile just waiting it out and only reacting if he ‘fails’ you.

The legislation states that there can only be 1 inspection at the start, 2 in a 12 month period, and 1 at the end of a lease. Seeing as you didn’t ‘fail’ the inspection then the owner is in breach of the legislation.

If the owner ‘fails’ you on his inspection then send off your refund of bond form and document all your information in case you need to go to the tribunal. You have a very strong case, as they also failed to provide you with 7 days notice of the owner wishing to attend, so I reckon they’ll back down.

Woody Mann-Caruso 12:48 pm 16 Jun 10

No, they can’t. Advise them that:

– clause 78(b) of your residential tenancy agreement provides that the lessor may make an (ie, one) inspection in the last month of the tenancy
– that as per their letter to you of [date], this inspection was scheduled for [date] and in fact occurred on [date]
– that pursuant to clause 75(1) of your agreement, no further inspections may be conducted without an order from the Residential Tenancies Tribunal
– that even if such an inspection was permitted, the lessor is required to give you one week’s written notice – a phone call today is a breach of the Residential Tenancies Act

MrMagoo 12:13 pm 16 Jun 10

I’d be checking the leave agreement that you signed but I would think NOT. Unless it is specifcally stated in the lease that the owner can come onto the premises. The lease is there to protect you as well as the owner.

My advice would be to check with the Property manager at the Real Estate agents and confirm that this is legal and within the terms of your lease.

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