Bond Refund Disputes and Evidence Needed

When your tenancy ends, your landlord has 23 working days to apply to Tenancy Services for your bond refund. They must specify how much should be refunded to you and how much they want to claim for any deductions. If both parties agree on the amounts, Tenancy Services processes the refund automatically. However, if there's any disagreement, the matter becomes a dispute that may need Tribunal resolution.

The bond refund system is designed to protect both tenants and landlords. Your bond money is held by Tenancy Services, not your landlord, which means it can't simply disappear. However, landlords can make legitimate claims against your bond for unpaid rent, damage beyond normal wear and tear, or cleaning costs if you left the property unreasonably dirty.

If your landlord doesn't apply for the bond refund within 23 working days, you can apply directly to have your full bond returned. This is an important right that many tenants don't know about. Similarly, if your landlord makes deductions you disagree with, you can dispute these through the Tenancy Tribunal process.

Cleaning disputes are the most frequent source of bond disagreements. Landlords often claim properties weren't left clean enough, but they must prove the cleaning required goes beyond what a reasonable tenant would do. Normal cleaning like vacuuming, wiping surfaces, and basic bathroom cleaning is expected, but landlords can't demand professional cleaning unless this was specifically required in your tenancy agreement.

Damage disputes involve claims that go beyond normal wear and tear. Landlords might claim for carpet replacement when the carpet was already old, or charge for repainting entire rooms due to minor marks. The key legal test is whether the damage existed when you moved in and whether it's reasonable wear and tear for the length of your tenancy.

Rent arrears disputes can arise when there are disagreements about final rent calculations, especially around the end date of the tenancy or whether notice was given properly. Sometimes landlords claim rent for periods after the tenancy legally ended, or tenants dispute charges for utilities or other costs.

Garden and exterior maintenance disputes often occur in properties where tenants were responsible for lawns or gardens. Landlords might claim excessive costs for garden restoration, but they must prove the garden was in better condition when you moved in and that the deterioration goes beyond seasonal changes or normal maintenance requirements.

Photographic evidence is crucial for bond disputes. You should take comprehensive photos when you move in, documenting every room, existing damage, stains, wear patterns, and the general condition of fixtures and fittings. When you move out, take similar photos showing how you left the property. These before-and-after photos are often the most persuasive evidence in Tribunal hearings.

The property inspection report completed at the start of your tenancy is vital evidence. This document should detail the property's condition when you moved in, including any existing damage, wear, or cleanliness issues. If your landlord didn't provide an inspection report or you didn't complete one together, this can actually work in your favour, as it makes it harder for them to prove what condition the property was in originally.

Keep all correspondence with your landlord about repairs, maintenance, or property issues. Emails, text messages, and letters can show that you reported problems promptly, requested repairs, or tried to resolve issues during the tenancy. This evidence can demonstrate that you were a responsible tenant and that any problems weren't caused by your negligence.

Receipts and invoices are important for several reasons. If you paid for any repairs or cleaning during the tenancy, keep these receipts as they show you maintained the property properly. If your landlord claims deductions, they should provide quotes or invoices showing the actual cost of work needed. Excessive or unreasonable quotes can be challenged at the Tribunal.

If you can't resolve a bond dispute directly with your landlord, either party can apply to the Tenancy Tribunal. The application process involves completing forms, paying a fee, and providing evidence to support your case. The Tribunal will schedule a hearing where both parties can present their evidence and arguments.

Tribunal hearings for bond disputes are usually relatively informal, but they follow legal procedures. You'll need to present your evidence clearly, explain your position, and respond to your landlord's claims. The adjudicator will ask questions and may request additional information. Having your evidence well-organised and understanding the legal standards that apply can significantly improve your chances of success.

The Tribunal's decision will be based on the evidence presented and the law. They'll consider what condition the property was in when you moved in, what's reasonable wear and tear, whether any damage was caused by you, and whether any cleaning or repair costs are justified. The Tribunal can order full or partial bond refunds, and may also award additional compensation in some cases.

After the Tribunal makes its decision, the losing party has 10 working days to appeal to the District Court, but only on points of law. Most Tribunal decisions are final, and Tenancy Services will process the bond refund according to the Tribunal's order.

Normal wear and tear is a crucial concept in bond disputes, but it's often misunderstood by both tenants and landlords. It refers to the deterioration that occurs naturally over time through ordinary use of the property. The law recognises that properties will show signs of use, and tenants can't be charged for this normal deterioration.

Examples of normal wear and tear include faded paint or wallpaper, worn carpet in high-traffic areas, minor scuff marks on walls, worn kitchen or bathroom fixtures, and small nail holes from hanging pictures. The key factors are the age of the items when you moved in, the length of your tenancy, and whether the wear is consistent with normal residential use.

However, damage beyond normal wear and tear can be charged to tenants. This includes large holes in walls, burns or stains on carpets, broken fixtures, excessive dirt or grime that requires professional cleaning, and damage caused by pets if pets weren't allowed. The distinction often comes down to whether the issue was caused by negligence, misuse, or accidents rather than normal living.

The length of your tenancy affects what's considered normal wear and tear. A carpet that's worn after five years of tenancy is more likely to be normal wear and tear than the same wear after six months. Similarly, paint that needs refreshing after a long tenancy is usually the landlord's responsibility, while paint damage after a short tenancy might be the tenant's responsibility.

Cleaning disputes are common because there's often disagreement about what constitutes reasonable cleanliness. Generally, tenants must return the property in the same state of cleanliness as when they moved in, allowing for normal wear and tear. This means doing a thorough clean but not necessarily professional cleaning unless specifically required in the tenancy agreement.

Reasonable cleaning includes vacuuming carpets, mopping floors, cleaning bathrooms and kitchen thoroughly, wiping down surfaces, and removing personal belongings and rubbish. However, landlords can't demand that you leave the property cleaner than when you moved in, or require professional cleaning if this wasn't a term of your tenancy agreement.

If your tenancy agreement requires professional cleaning, you must either arrange this yourself or accept that the cost may be deducted from your bond. However, the landlord must provide evidence of the actual cost, and the cleaning must be reasonable. Excessive cleaning charges or cleaning of items that weren't dirty can be challenged.

When disputing cleaning charges, your move-in photos are crucial evidence. If you can show the property wasn't professionally cleaned when you moved in, it's unreasonable for the landlord to demand professional cleaning when you leave. Similarly, if areas were already dirty or stained when you moved in, you can't be charged for cleaning them.

Assessing what constitutes damage versus fair wear requires understanding both the condition of items when your tenancy began and what's reasonable deterioration over time. Landlords must prove that damage existed beyond what would normally occur, and they must provide evidence of the original condition and the cost of repairs.

Age and quality of items significantly affect damage assessments. An old carpet that develops additional wear during your tenancy is different from a new carpet that gets damaged. Similarly, cheap fixtures that break with normal use aren't necessarily your responsibility, while quality fixtures that are damaged through misuse might be.

Landlords must also prove the actual cost of repairs or replacement. They can't simply estimate costs or charge retail prices for items that were already partially worn. If a carpet needs replacing, they should account for the remaining useful life of the carpet and only charge you for the portion of value lost due to your actions.

Professional assessments can be valuable in complex damage disputes. If significant money is at stake, getting an independent assessment of damage, repair costs, or the remaining life of items can provide strong evidence for your case. This is particularly useful for disputes involving flooring, appliances, or structural issues.

While many bond disputes can be resolved without legal assistance, certain situations benefit significantly from professional legal advice. If your bond is substantial, the disputed amount is large, or the landlord is making complex claims involving multiple issues, legal help can be valuable in protecting your interests and improving your chances of success.

Legal assistance is particularly important if your landlord has legal representation, if there are complex legal issues about tenancy law or evidence, or if you're not confident about representing yourself at the Tribunal. Lawyers experienced in tenancy matters understand the legal standards, know how to present evidence effectively, and can identify weaknesses in your landlord's case.

Consider getting legal advice if your landlord is claiming damages that seem excessive, if they're refusing to provide proper evidence for their claims, or if they're making deductions for items that you believe are normal wear and tear. A lawyer can help you understand whether the claims are legally justified and what evidence you need to challenge them.

Early legal advice can also help you avoid common mistakes that might weaken your case. This includes understanding what evidence to gather, how to communicate with your landlord about the dispute, and whether you have grounds for additional claims such as compensation for illegal deductions or harassment.