win or lose the bond on day one

claire You're making this mistake without even realising it.

eddie The tenant pulls out their phone and says, I've got photos of the oven from the day we moved in. And the member wouldn't look at them.

claire Wait. Wouldn't look at them? Not even a quick peek?

eddie Not even a peek. And there's a good reason.

claire Welcome to Both Sides of the Lease. I'm Claire, from Distinct Properties.

eddie And I'm Eddie. I've looked at more photos of ovens than any man should.

claire He has a favourite. One real story at a time, told from both sides of the lease.

claire Today, why your bond is won or lost on the day you move in.

claire By the end of this one, you'll know the deadline that decides a lot of bond arguments.

claire So Eddie, basics first, because people get this wrong all the time. Who's actually holding the bond?

eddie Not the agent. In the ACT, the bond goes to the Office of Rental Bonds. If you pay it to an agent, they've got four weeks to lodge it, from when you paid or when the tenancy started, whichever's later.

claire So it's not sitting in our account, quietly paying for the Christmas party.

eddie Nope. Not ours, not the owner's.

claire And from our side, when do we ask for it?

eddie At signing, before your start date. That way the keys are ready for you on day one.

claire Okay. Day one. The tenant gets the condition report. What matters?

eddie Every room, every wall, every scuff, usually with photos. As the tenant, you've got two weeks from getting it to mark it up and send it back.

claire And if you don't?

eddie Then the report, as written, is evidence of how the place looked when you moved in. If you've marked something as wrong, that part isn't. So if you skip it, arguing about your bond at the end gets a lot harder.

claire Which brings us back to that oven.

eddie Yeah. This was a bond conference, recently. The tenants said the oven was already grubby when they moved in.

claire Okay, fair enough. That could be true.

eddie It could be. So the member goes to the entry report. And it says the stove and the oven were clean and tidy. And the tenants hadn't written anything next to it.

claire Oof. Clean and tidy. The three most expensive words in a condition report.

eddie And that's when the phone comes out.

claire Ah. The phone.

eddie The phone. Those photos had never been given to the other side. And the member explained, very calmly, that evidence has to be something both sides have actually seen. They could be filed for a hearing, but you can't just hold up your phone on the day.

claire So what you're saying is, take the photos, and send them in with your marked up report.

eddie Exactly. Your photos only count if they're part of the record.

claire Okay, but the owner's side got homework too, didn't they?

eddie Oh, definitely. The member wanted page numbers, so everyone was looking at the same thing. Then before and after photos side by side, only for the things being claimed.

claire So nobody needs forty photos of a perfectly good hallway.

eddie Nobody. Claiming thirty things? Show thirty pairs. Add a short timeline: when the tenancy started, when it ended, when the inspection happened, when the list went out. And itemise your invoices. An invoice that just says clean is really easy to argue with.

claire Right, the end of the tenancy. The final inspection. Do I have to be there?

eddie No, you don't have to be there. But the agent has to give you a real chance to be. That means telling you the day and the time, and ideally agreeing the time with you. If you've had that chance and you don't come, it goes ahead without you.

claire So you can skip it. But honestly, go.

eddie Go. Bring a coffee. And if you're given a list of things to fix, take the chance to fix them. It can save you paying for a cleaner.

claire One more for tenants. Can an agent get me to sign the bond refund form early?

eddie Not before your tenancy ends, unless that form gives you your full bond back.

claire Okay, Swap Sides. I'm the tenant. The oven really was grubby, I just never got around to the paperwork. Isn't that unfair?

eddie It might well be true. But those two weeks are the one time the oven's condition goes on paper from your side. Miss them, and the report speaks for you.

claire Harsh, but fair. And if it does turn into a dispute?

eddie Most ACAT applications carry a fee, there are concessions, and you don't need a lawyer. ACAT runs conferences to help you settle, and you can agree at any point before the hearing. If you don't, a member looks at the evidence and decides.

claire Okay, Over the Border. We manage in New South Wales too. What's different there?

eddie A few things. The bond is lodged through Rental Bonds Online. And you only get seven days to return the entry report, not two weeks.

claire Seven days. So, tenants in New South Wales, do it the weekend you move in.

eddie Before the boxes are unpacked. Once both sides sign it, it's presumed correct unless you can prove otherwise. The exit inspection is the same idea as here: it can be done without you, but only if you had a reasonable chance to be there. And the tribunal is NCAT, where your case starts with conciliation.

claire So, three takeaways. Tenants, mark up the condition report within two weeks in the ACT, or seven days in New South Wales, and send your photos with it. Owners, before and after, side by side, only what you're claiming. And the agency gives a fair list and a real chance to fix it.

eddie Small, clear evidence. That's how a lot of these get sorted without a hearing.

claire Love that. Quick reminder: this is general information, not legal advice, and the details are in the show notes.

claire Next time, another real story from the tribunal, and both sides of it.

eddie Always both sides. That's us for this one. I'm Eddie.

claire And I'm Claire. If this helped, follow and subscribe wherever you're listening, so you don't miss the next one.