SA Property Law - Property Dispute Over Repairs?

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Timothy Longmire

Active Member
26 November 2015
14
2
34
Adelaide
Hi there,

We have been living in our current rental property, which has almost been a whole calendar year now, and just today being the 5•7•2018, only to know we have been informed that our previous Real estate agent and the home owner has decided too put in a dispute for compensation because they alleged that we broke a very large window and that some roof sheeting needed to be replaced, apparently, according to them.

Infomation at hand:

We moved out 18\7\17 and we had the approval by the property management, that being the agent that leased the property to us, and everything was fine by him and he was happy with the way the property was left after we relocated to our new rental.

There was a building improvement order made in may of 2017 for the property owner to fix a few larger issues, such as plumbing issues, electrical etc., and other things. This was later removed in September 2017 via the building branch.

In the meanwhile, this house was not allowed to be rented or sold due to these repairs having to be done and fixed to standards. Early October, a property sales agent had gone through and taken his notes and photos for the house to be put up for sale. But still no damage was recorded and documented. The sales agent didn't notice any damage and neither did the agent at the time we moved from the property.

But on October the 6th and the 11th, both a large glass window was replaced and new roof sheeting had been replaced because of damage that the owner has alleged we have done, now we are being accused of the property damage to the property.

Invoices to the owner of the this house have been now asked from us as compensation from our bond. The house was on the market ready for sale by 17th October 2017 on main real estate websites and it sold on the 12th December 2017 only 59 days after the ad went up.

Our original property manager\agent back when we rented this property, in my eyes, does not need to be a third party to the home owner for this dispute\claim, as his services should have ceased after the rental agreement had stopped I believe, yeah?

My question to you guys is, under property law, can they now dispute my bond nearly a year after the fact without reasonable doubt and evidence with them stating it was my family who had made this alleged damage to the property, especially given that we moved out in July 2017, and that this broken window and roof repair were being invoiced and fixed in October 2017?

Thoughts and comments are welcomed on this as we are in need of some direction before our hearing date in 2 weeks.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Based on what you have provided you have a very good chance of being able to defend against their claim.
 
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Timothy Longmire

Active Member
26 November 2015
14
2
34
Adelaide
How so rod
I'm just looking at all angles and any comments would be nice
You hopefully right and I am know head down in paperwork trying to get all relevant documents I have on file from the last year
Lucky my partner makes up folders for each house rented
 

Timothy Longmire

Active Member
26 November 2015
14
2
34
Adelaide
Can the landlord use a third party being the property manager after we have moved out and is there a time-stamped period of being able to try and claim the alleged damages from the bond being nearly a year ago
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Good reasons why they will struggle to get money from you:

1. You already had a post inspection completed and the window and sheeting damage were not identified at the time.
2. Work was done on the house after you left. It is possible the tradesmen working on the house did the damage, not you.
3. Comments by family members are hearsay. Is there any truth to their comments, or reason why they'd lie?

There is a civil claim period of 6 years that applies generally to property damages, not sure if any SA tenancies laws reduce this period. I had a quick look at the Residential Tenancies Act and didn't see anything that reduces the period.

For the landlord to be successful at this point in time they'd need to somehow prove you did the damage, not merely that it occured which is all that would be necessary if you were still in the property. I have no idea if this is possible and can't comment on this part.

The landlord can have whoever they like co-ordinate and chase up debts owed to the landlord so you won't have any luck challenging who the agent is.