Bond not lodged by owner, please help

S

shim

The owner has given me the wrong bank account no approximately 2 months ago and didn't realise until now that he's never received the bond or the first month of rent. He is now asking me to pay him immediately otherwise I will have to leave.

During the past 2 months, I gave him a numerous number of calls asking if the bond and rent has been received, and he told me not to worry...it should definately be there.

I believe it was his fault that he gave me the wrong details and didn't receive the bond...he should have lodged the bond with RTBA within a week. If he had the intention to do so, then he would have realised no money was received.

If he decides to take me to the court, who will be at fault? I have his email stating the wrong bank account details and saved history of transaction into the wrong bank account.

I am very upset about this, he has accused me of being dishonest and is persistent that he hasn't received the money, therefore it has to be in my account.
Money may have came back into my account, I will have to go there in person to do a detailed search. If I find it, I feel relunctant to pay him back the full amount because of the stress he has put me through, would it be wise to let him take legal action againest me?
 
Also the owner comes into the house with no notice, his excuse was he has a room in the house and doesn't need to give notice. Is it possible to have more than one primary places of residence?
 
Yes, money can be recovered at a fee from my bank. I don't think the money has gone to a valid account. I am just angry at him now, he came to my house this morning without notice to collect keys off me, I don't want to return the money without a fight because he is clearly in the wrong and has accused me and made me fix up his lawn and house expenses
 
none of this sounds right and i can feel your discomfort.

does not sound like a satisfactory situation for long term tenant/landlord relationship. have you asked for assistance from the residential tenancy in your state? it maybe a good idea to do that.
did you sign an agreement with the landlord?

regards.
 
How much is the fee to the bank?

Did you have a written agreement with him?

First thing is to get the money back in your account. Then you can decide whether to give to him or not.

Whether he is allowed in the house or not depends on the agreement you have with him. But it should be no. Whats this about he has a room in the house? Whats that about? What's going on over there? LOL
 
The fee to the bank may be about $50 which I am willing to pay to get back the $1300.

I had signed a written agreement with him however he made a mistake on the commencement and ending date. He's put the same starting and end date, so I can argue that I have a lease with him for 1 day.

The house rented out with him is a share house, designed for students, there are 6 rooms, each room has its own lock. Currently there are only 3 people in the house, so he is claiming one of the 6 rooms is his, although he never lives there. And he has his own house in another area
 
Definitely get in touch with a tenants' union or the equivalent of the Residential Tenancies Association (Qld), whatever there is in your area. This man is doing the wrong thing, has given you wrong account information and has obviously had no intention of lodging your bond within the legal time limit.

Of course, try to get your money back. You may find it has bounced right back into your account and you have no fees to pay. Keep all the paperwork with his wrong account information. Detail when he has entered and keep an accurate record to support your case if it goes to tribunal. Can you check your bank account on the net? Otherwise, get that sorted first, and then get some proper advice from someone who should be able to help you and has no doubt seen this before.

You could get free legal advice, maybe google that if you cannot get help from a tenants' union.

Landlords like this should be dealt with by "cattle prod". They give private landlords a bad name :mad:.
 
Shim,

Are you an international student? If yes contact the student services officer at your education institution. they should be uptodate on regulations etc and should be able to point you in the right direction.

Are the other students from the same school/uni and was the home share a recommended place or from school notice board or advert in paper?

From my understanding if you try to send money to a non existent account the money comes back to you. If you have an internet account you should be able to pull up your history rather than needing to go to the bank.
 
Pay the fee and get the money back in your account ASAP.

As for the rest of it. It sounds like its not a standard rental setup so good luck, maybe outside the tenants union etc.

You might have to deal with him directly and he sounds a bit...ummm...dodgy.

Is it a standard rental agreement or did you guys just type something up?

I'd get the money back and move on.
 
Definitely get in touch with your local Tenancy Advocacy Service - If you google it you should find contact detail online.

Now in regards to the money, track it down - But you do still have to pay it to the landlord - I would be getting a written receipt for it all. Seeing as this is his fault, I would suggest that you have a good arguement to deduct the cost of recovering the money from the rent.

In regards to the landlord having access to the property - It sounds as if your are actually renting a 'room' from him, not the actual residence, in which case he may very well have access rights - provided that he does not trespass into your rented 'room'. Honestly if you are unhappy with this (and the landlord in general) then your only recourse may be to move, but check with a local tenant advocate the rules may be different in VIC.
 
I am not international student, I am living in a share house designed for students in a country town which I am living for 6 months for work.
I have my own property in melbourne currently rented out and I manage it, I have never dealt anyone like him.

I have signed a residential tenancy agreement from VCAT but the commencing and ending date is wrong.
Regarding to the lodging of bond, he is required to lodge the bond. At the time, he was on holidays, so he is arguing that he couldn't check his bank details to see if he had the money and he is saying if he hasn't got it, then I have it, therefore have to pay him immediately.
I have done my part, have done the correct thing and transferred the money before I moved in and now he's accusing me for doing the wrong thing :(
 
shim said:
I have signed a residential tenancy agreement from VCAT but the commencing and ending date is wrong.

Check with VCAT about the dates. Sounds like you could leave without penalty as you are not on a lease at all if it has run out after one day due to his error.

Regarding to the lodging of bond, he is required to lodge the bond. At the time, he was on holidays, so he is arguing that he couldn't check his bank details to see if he had the money and he is saying if he hasn't got it, then I have it, therefore have to pay him immediately.

His "holiday" excuse holds no water. The law is on your side. You have proof on your payment statement that you paid to the account he asked you to. Don't pay him again until you find out exactly where you stand. If it costs money to get your money back, I would be deducting it from the rent you owe him because it was his error.

I have done my part, have done the correct thing and transferred the money before I moved in and now he's accusing me for doing the wrong thing :(
Click to expand...

You are right, he is wrong. Stand your ground.
 
Also the owner comes into the house with no notice, his excuse was he has a room in the house and doesn't need to give notice. Is it possible to have more than one primary places of residence?
Click to expand...

Under no circumstances can he simply just enter your house, regardless of whether or not he has a room there. Did he lease you the property in full? Or is it under a rooming house type situation?? There are situations where a property is leased and one room is locked off for whatever reason, this would be written into the lease and the owner still needs to provide the appropirate 24 hours notice in writing to gain access to the room. he/she simply just cant turn up and let themselves in! nor can they knock on the door and demand immediate access.

If he decides to take me to the court, who will be at fault? I have his email stating the wrong bank account details and saved history of transaction into the wrong bank account
Click to expand...

he is at fault. VCAT would not hold you liable for this especially if you can prove the history. Your obligation now however since the error has been discovered is to pay the FULL amount immediately, if you dont then VCAT can order an eviction. By the sounds of the nice piece of work that you have i would consider just leaving and finding somewhere else. It is this type of landlord that gives other private landlords a bad name

I would also consider contacting consumer affairs and lodging a complaint about him
 
You must log in or register to reply here.

Similar threads

Blair007
Tenant broke fixed term agreement. wants bond back; who's right?
2
Replies
33
Views
5K
Blair007
Blair007
C
ADVICE NEEDED: Managing RE agent closing down during current lease
Replies
7
Views
1K
Salvatore1
S
S
Owner took out the bond prior to settlement without letting us know
2 3
Replies
43
Views
6K
dabbler
D
M
How to claim on a tenant who has not provided forwarding address
Replies
8
Views
3K
Lil Skater
Lil Skater
H
Issue with a tradesperson - advice needed please!
Replies
14
Views
3K
Tenex
T
Back
Top