- Can a landlord claim for cleaning from my bond?
- In limited circumstances. In NSW the Residential Tenancies Act 2010 s 166(1)(c) lets a landlord claim the reasonable cost of cleaning any part of the premises not left reasonably clean, having regard to its condition at the start of the tenancy. Victoria's Residential Tenancies Act 1997 s 411AB(1)(c) is to the same effect. In Queensland a tenant must keep the premises and inclusions clean having regard to their condition at the start of the tenancy (Residential Tenancies and Rooming Accommodation Act 2008 s 188(2)). In Victoria, the Residential Tenancies Regulations 2021 reg 12 says a provider must not require professional cleaning unless the premises were professionally cleaned immediately before the tenancy and the renter was told, or professional cleaning is needed to restore them to their condition at the start.
- What is fair wear and tear on a rental bond?
- Fair wear and tear is the ordinary deterioration that comes with normal use and ageing. The Residential Tenancies Authority (Qld) describes it as wear that happens during normal use and changes from ageing and exposure to the environment, and the Tenants' Union of NSW as the normal ageing that happens to a property through everyday use or the forces of nature. In NSW, s 166(1)(a) excludes fair wear and tear from a landlord's claim for damage. In Victoria, s 61(2) says damage does not include fair wear and tear, and s 411AB(1)(a) requires it to be taken into account. In Queensland, s 188(4) requires the tenant to leave the premises in the same condition as at the start of the tenancy, fair wear and tear excepted.
- How long is carpet expected to last in a bond dispute?
- The Acts do not set a lifespan for carpet. Tenant services describe tribunal practice of treating carpet as lasting about 10 years, losing about 10% of its value a year: the Eastern Area Tenants Service (NSW) cites NSW tribunal decisions for this, and Tenants Victoria gives the same figure for carpet installed before 1 July 2019. The Australian Taxation Office lists 8 years for removable carpet acquired from 1 July 2019. On those figures, the value a landlord has lost on an old carpet is often much less than the cost of a new one.
- Can a landlord charge for repainting when I move out?
- A landlord can claim the reasonable cost of restoring damage caused by the tenant, but not fair wear and tear (NSW s 166(1)(a); Vic s 411AB(1)(a); Qld s 188(4)). The Eastern Area Tenants Service (NSW) reports a deemed lifespan of paint of 7 to 10 years in NSW tribunal decisions, so a repainting claim for old paint may be reduced or fail even where there is damage beyond fair wear and tear. Whether the marks were already recorded in the ingoing condition report is also relevant.
- How long do I have to dispute a bond claim?
- The clocks differ by state and start when the bond authority sends notice of the claim. In NSW, Fair Trading pays a claim unless a party notifies it in writing within 14 days that the claim is the subject of Tribunal or court proceedings (s 164(5)). In Victoria, the Authority pays a claim unless a party gives it written notice within 14 days after receiving its notice that the claim is subject to an application to VCAT (s 411A(3)(c)), and an application to VCAT for a bond repayment order must be made within 14 days after the agreement has terminated (s 419A(2)). In Queensland, an interested person has 14 days after receiving the RTA's notice to make a dispute resolution request (s 136A(2)), and 7 days after the RTA's notice that conciliation has ended to apply to QCAT (s 136B(3)). Check the dates on your own notice.
- Which tribunal decides bond disputes: NCAT, VCAT or QCAT?
- In NSW the NSW Civil and Administrative Tribunal (NCAT) can make an order as to the payment of a rental bond (s 175). In Victoria the Victorian Civil and Administrative Tribunal (VCAT) can be asked for an order requiring the Authority to repay a bond (s 419A). In Queensland the Queensland Civil and Administrative Tribunal (QCAT) can make an order about payment of the rental bond after the RTA's conciliation process (ss 136B and 136D).
- Does the ingoing condition report matter in a bond claim?
- It is usually the main comparison. In NSW a condition report signed by both landlord and tenant is presumed to be a correct statement of the premises' condition on the day it states, unless there is evidence to the contrary (s 30). In Victoria a condition report signed by both provider and renter is conclusive evidence of the condition on the day it states, with exceptions such as statements the renter disagreed with in writing (s 36). In Queensland, entry and exit condition reports are required (ss 65 and 66), and QCAT considers the evidence supporting any claim on the bond (s 136D).