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Update on the dented sink from before in the thirty day period (or “Justice porn if you loathe rental brokers”)


[Update to this post](https://www.reddit.com/r/sydney/feedback/tkmavh/how_tenantfriendly_is_the_ncat_in_regards_to/)

tldr – little dent in kitchen area sink, landlord required $1,350 to exchange the complete sink out of my bond.

[This is the dent in question](https://imgur.com/H1yYdAN)

——————–

Court docket day was today. It was virtual, so the tribunal member requested us to simply call just about every other and check out to form it out. I supplied $500, but the agent balked. No arrangement was achieved.

Again in the major court, we advised the decide that no agreement was arrived at. I explain to them that the agent is demanding I replace the entire sink because of this dent, and that no arrangement could be attained due to the fact they have been adamant that to deal with it, they had to replace the complete sink. Agent claims they’d be inclined to do the job with me, and take possibly $1,000.

Just after a bit of questioning and again and forth, the choose throws out $400. I begrudgingly concur, but the agent has to call the landlord, who objects. He is not going to take a lot less than $800. The judge won’t budge on the $400, deeming it “a lot more than fair”.

At this point, I understand that I don’t require to argue this due to the fact the decide sees by means of the bullshit. In no specific get, the next transpires:

1. The agent claimed that all through the mediation session, I would provided $500 for damages which is considerably less than the judgement. Judge responds with “That is the hazard you run by permitting the courts make your mind up.”

2. The decide asked “Is the functionality of the sink compromised by the dent?” The agent gave a seriously very long, roundabout reply about how the landlord cared about the top quality of the apartment. When she was concluded, I piped up and went “Your honour, to remedy your issue, the sink functions just great.” The decide nodded in settlement.

3. Agent experimented with to use the longevity argument. “Your honour, my shopper is concerned that the sink will rust prematurely.” I rebutted this by saying that “You honour, it’s a stainless steel sink. The rationale it’s made use of in kitchen area appliances is that it isn’t going to rust. That is its unique offering stage.” The judge agreed.

4. The agent argued with the $400 judgement, saying that it is really only about a third of the value to switch the sink. Decide responds by saying it is really not the tenant’s responsibility to address the comprehensive price of the sink, especially because “the tenant has mentioned that the dent was all around 1cm, which appears to be like about right in the picture equipped”. The agent argued back again that it could not have been prompted by basically throwing cutlery in the sink considering the fact that it was a deep-ish dent. Judge responds with one thing alongside the lines of “It is fully probable that a thing weighty fell into the sink. A dish sink is full of damp, soapy, slippery items. The destruction is just not outside of the realm of ordinary use.”

5. Agent even now disagreed with the $400 judgement, and requested a formal hearing on the issue. Decide responds “A official listening to would not be granted. We are settling this today.”

6. Agent once again disagreed with the judgement, but the choose responded “I’m currently creating the purchase for $400. The value’s been identified.”

7. Agent questioned about the appeals course of action because they incredibly a great deal disagreed with the judgement. Judge specific it, but added “You need a rationale to start an charm. You require to demonstrate that the acquiring was inadequate and that you need to have more in damages.” Closely implying that the agent’s scenario was baseless.

So I’m having $1,185 back as opposed to the $210 I was thanks for in advance of. But truthfully, the prospect to pay attention to the estate agent test and are unsuccessful to garner any type of get with the judge produced the charge worthwhile. I will not even treatment if they attractiveness. It just signifies I get to listen to them cry extra.

If you are going to excuse me, I have to have to go to a health care provider. This justice boner is heading to final waaaaay more time than 4 several hours.



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41 replies on “Update on the dented sink from before in the thirty day period (or “Justice porn if you loathe rental brokers”)”

Awesome result. I’m pretty surprised the sink dinted like that actually- I’ve never seem one get a deep dint (scratches aplenty, but not dints). I wonder if the sink walls were made from thin (cheap) material?

On behalf of other renters, thanks for doing this. Going through the tribunal is a stressful and intimidating process, not to mention a waste of time. It’s great when people stand up to greedy landlords.

Glorious. I still think $400 is excessive for what’s essentially comestic damage, but hey – pleased to hear you saw it through and walked outta there with a solid middle finger to the agent and owner. Owner would’ve been charged a motza to be ‘represented’ by agent at the tribunal, too.

Of course, the old wear and tear argument. A stainless steel sink would be like a carpet; subject to wear and tear.

Unlike a terracotta/porcelain sink, which break in major ways.

Congrats on the win.

For next time… a panel beater would knock that dent out in 2-10 minutes. Completely invisible. I know this because i backed a very expensive rental into a tree and was looking at an 8 grand claim against me for damages. Panel beater came out, made the dents all but invisible. Gave him a 100$ tip. Saved me a fortune.

For next time.

I want this judge next time I have a car crash. Yeah sure I dented the other person’s car but it still works.

This is the greatest read to start the long weekend. Thank you for sharing, and good on you for going through with it.

when i was renting a few years ago in NSW i learnt that as the renter you can actually begin the process to have your bond returned on the government website.

it actually makes it harder for the landlord/real estate to withhold any of it as the process has been started

My favourite was doing this, as well as filling in the final inspection form yourself – which means the agent would have to dispute the tenants final condition report – and within 3 days.

I also handed the keys back to a lock box after hours so I could commence the bond refund process asap and consume a day.

I ended up in the tribunal where the agent was talking about withholding bond which had already been refunded to me as they didn’t dispute my claim.

Reminds me of the time I had to go to tribunal as the lordlord was ripping me off. It was a father and daughter duo and each one of them was a nuttier that squirrel poo.

This was pre covid so we had to go into the building and we get asked to go into a room to do mediation. They both refuse to pay me the money I’m owed so I’m like ok let go to court. The dad started yelling so loud the security guard had to come over and tell him to pipe down then because I wasn’t obeying his demands of dropping the case, he started arguing with me and lunged at me over the table. He then got escorted out by security yelling at everyone on the way out

Next minute I’m in proper tribunal and the judge asks for evidence and submit all mine and they have nothing. So the daughter starts banging on about how she has breast cancer ( spoiler alert she did not) and the judge looked at her and again asked for evidence and she relented and paid me what she owed me

The duo lost their shit and tried to take me back to tribunal and for damages of $10,000. Which of course the one thing that was missing was actual evidence. Guess what? They lost again and the dad lost it at the judge and got kicked out again by security!!

The Tribunal is still heavily weighed in favour of the real estate agent. We had proof the agent committed perjury (the email exchange in question was in my evidence kit that the real estate agent didn’t bother looking at) where under oath the RE claimed that because of my disability she made a lot of offers that I ignored but the the RE actually agreed to help so long as she didn’t have to walk further than she had to walk for coffee and when I pointed out she was not there to get keys as agreed she gave me a two hour deadline before charging extra rent and cost of replaced locks. Magistrate simply said memories can differ despite the emails containing the threats

Judging by your bond, the rent on the place was what, $400/wk?

For $400, do you really think any future potential tenants are going to turn their nose up at the place because of that dent in the sink? It would have virtually no effect on future income from the property, they’re just taking the piss.

It’s just brilliant to see the little guy win… and particularly so with the full support from the guy at the top. A well earned justice boner.

Glad you fought the good fight 💪

I have been on the bad side of a Real Estate Agent who was telling me lies in regards to repairs that they continually failed to conduct. They said “you don’t want to go to tribunal” and constantly were trying to take advantage of us.

They don’t want you to know your rights, they thrive on the fact that the average renter doesn’t know their rights or what they deserve.

Congrats mate.

You should post this (and the original) to r/bestofredditorupdates us drama llamas eat this stuff up

Wow. Reading this makes me realise how screwed I am with my carpets. There are actual chunks missing.

I would highly recommend that before anyone moves into a new place, take video or photos of the walk around, noting any existing damage. Keep the file somewhere safe. I did this in Parramatta when I first moved there in the late 90’s. When I left, Ray White tried to screw me for all sorts of stuff, those photos I took saved me over a grand.

Dude congratulations on the win, please name the Real Estate so that all of us can avoid them in the future.

$400 even seems excessive, I doubt the Owner is even going to bother to use said funds to repair it but just pocket the cash.

Is their time actually so worthless that they rather go through the trouble of arguing at length at the tribunal and even contemplating an appeal?? Just for $1200?? A bit naive

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