u/CharmingAnimator1055

We got our bond back! It only took 5 months and a court order, but we got it back. 

In short, we moved out of a property we had lived in for 3.5 years. 6 months before we moved out the a property inspection found mildew on the curtains. When we moved out the landlord wanted to take $2000 from our bond for specialist cleaning. The curtains were old, I’m talking at least 20 years, and were sun damaged and lightly stained when we moved in. 

We ended up having to go to magistrates court, because the property manager and landlord would not accept that it wasn’t our fault. They seemed to think that even if the mould wasn’t caused by us, we should still be responsible for cleaning because the property has to be given back in a similar condition minus wear and tear. They were not interested in any argument about depreciation of assets, and argued that because they weren’t replacing the curtains, just cleaning, we bear 100% of the cost, regardless of age or the fact that the curtains are fully depreciated. 

Anyhoo, the magistrate absolutely did not agree with the landlord and was very unimpressed with the property manager. We got our bond back and the property manager got a stern talking to. It has somewhat restored my faith in the system, but it took MONTHS and a lot of work on my part. Someone with less time and resources might just give up, which is what the agency was banking on, I think. BUT THEY DON’T KNOW ME AND I THRIVE ON THE DRAMA.

Advice I have for anyone reading this who is in a similar position;

• in WA you can now apply for your bond back as soon as you get the final inspection report. Do it immediately. 
• Consumer protection were helpful, speak to them sooner rather than later. 
• We waited 6 weeks for conciliation, and ended up making a referral to court because it was taking so long. I would not have bothered with conciliation.  
• Circle green lawyers give one-off phone advice and you can seek help from them for free. 
• Items which are not part of the structure of the home (e.g. carpet, curtains, shower curtains etc) depreciate on a set schedule. You are only liable to pay damages for the remaining life of the item. I think this comes up a lot with carpet cleaning and I would challenge it, particularly if the carpet is fully depreciated. https://www.ato.gov.au/individuals-and-families/investments-and-assets/property-and-land/residential-rental-properties/rental-expenses/depreciating-assets-in-rental-properties
• The new laws should prevent cases like this wasting court time, but in case you do need to go, upload your documents to the court eportal before you go. If you have trouble finding how to do this, call the court for help, the eportal is confusing. They don’t give legal advice but they can help with using the eportal. Clearly label your documents so they’re easy identify. The magistrate that heard our case read them beforehand and we didn’t have to say anything.  
• I was initially intimidated by court and worried about how much it would cost and if we needed a lawyer. In cases like this apparently most people represent themselves, which we did. If the landlord had brought a lawyer we could ask them not to be present because it unfairly disadvantages us in the hearing. The court application cost $84.

Anyway, hope this helps someone. I found Reddit really helpful when I was going through this.

EDIT TO ADD: https://makerentingfairwa.org.au join this group, they are lobbying the govt and they have letter templates to contact your local MP if rental reform is something you want.