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Deposit Return; Landlord intends to back charge in breach

Posted: Thu, 05 Jan 2023 1:53 pm
by musical box
Your thoughts appreciated.
Should I also ask for 3 quotes where Landlord intends to back charge me? Court may require this?
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5 31 Dec 2022, 11 am Dry cleaning of curtains please forward invoice / evidence of Dry cleaning of curtains prior to lease start. Also cite lease clause confirming requirement. The curtains are very old, faded. 4 years wear and tear previous tenant (2008-2011) + 11 years wear and tear my tenancy. They will fall to pieces in any attempt to clean.REJECTED
6 31 Dec 2022, 1 pm Professional cleaning of whole unit Please cite Tenancy clause confirming requirement.
Kindly also advise which areas are clean and which dirty
in your opinion.Assuming professional cleaning was done by you at previous tenancy end (Ms Penny year 2011) then why was it not done for me? Note unit was very dirty when handed over to me. It is substantially cleaner today at handover back to you.Note Landlord (you) were not at the check in, yr 2011, so you are unaware of the condition of the unit at my tenancy start. No Condition Survey was provided to me. The unit has not been painted or decorated for 22 + years. Finally you, at check out you affirms fridge, kitchen and bathroom as clean. REJECTED.

Re: Deposit Return; Landlord intends to back charge in breach

Posted: Thu, 05 Jan 2023 7:32 pm
by PNGMK
Do you have pictures etc or was this noted at the move in by you to them?
Try to negotiate this down.
This will end up in the SCT which will simply settle it in the middle.

Re: Deposit Return; Landlord intends to back charge in breach

Posted: Fri, 06 Jan 2023 9:31 am
by abbby
Need to look at the TA to see if professional cleaning and dry cleaning of curtains is stated. If yes, then receipts needs to be furnished to owner.

Re: Deposit Return; Landlord intends to back charge in breach

Posted: Fri, 06 Jan 2023 11:54 am
by musical box
abbby wrote:
Fri, 06 Jan 2023 9:31 am
Need to look at the TA to see if professional cleaning and dry cleaning of curtains is stated. If yes, then receipts needs to be furnished to owner.
Sorry, my mistake, lease says
To yield up the said premises at the expiration or sooner determination of
this tenancy in such good and tenantable repair and condition (fair wear and
tear excepted), including the dry cleaning of curtains provided (if any),

so yes need to do. But what if curtains very poor condition, 25 years old, decrepit, falling to pieces?
//
"chemical cleaning (if required)" lease.
it was not required says air con guy so I did not do. Should I have done? when invoice passed to me in 2011 no chemical cleaning mentioned.

Re: Deposit Return; Landlord intends to back charge in breach

Posted: Fri, 06 Jan 2023 11:58 am
by musical box
abbby wrote:
Fri, 06 Jan 2023 9:31 am
Need to look at the TA to see if professional cleaning and dry cleaning of curtains is stated. If yes, then receipts needs to be furnished to owner.
clean yes but no mention of word "professional"
lease:
To yield up the said premises at the expiration or sooner determination of
this tenancy in such good and tenantable repair and condition (fair wear and tear excepted),
including the dry cleaning of curtains provided (if any), as shall be in accordance with the
conditions, covenants and stipulations
herein contained,

Re: Deposit Return; Landlord intends to back charge in breach

Posted: Fri, 06 Jan 2023 1:12 pm
by PNGMK
There is no such things as home dry cleaning. It's accepted the normal practice is to take them to a dry cleaners.

For airconditioniing cleaning the usual issue is to do it regularly and have receipts for it.

I would set this all up - do it and then claim the full deposit back. You're looking at maybe $200?

What you SHOULD have done is insisted on new curtains during the lease.