END OF TENANCY BOND CLAIMS

CLEANING, REPAIRS, DAMAGE OR FAIR WEAR & TEAR?

The tenant/s have just vacated your investment property. The property manager has a copy of the original property condition report (the only legal evidence that can be taken into consideration to release the bond) and attends the property to undertake the final vacate inspection.

The property manager enters the property and observes:

The griller is dirty, there is a chip in the kitchen tile, marks on the lounge room wall, walk-way wear marks down the hallway, slight mould on the bathroom tiles, a broken soap holder, a crack in the toilet seat, a dent behind the bedroom door from a missing door stopper, dust in the window tracks, small tears in several fly screens, a wardrobe rail has broken off, there is a bleach stain on the bedroom carpet and weeds in the garden. It seems like a long list that needs to be actioned.

Who is responsible… is it cleaning, repairs, damage, or fair wear & tear?

Whenever there is a dispute, it is a good business practice to try and mediate the situation between all parties to come to a win/win situation or a compromise. If an outcome cannot be reached between the parties, the matter may have to be determined by a hearing at the tribunal/courts, where they will take into consideration fair wear & tear. The definition of fair wear and tear is something that occurs through normal use or is the normal changes that take place with the aging of the property.

The tribunal/courts will look at: