u/CommunityBubbly178

Hello all. Looking to assist a party and understand others experiences around the process for bond disputes once a claim has been issued after the 48 hour fast track period (Qld).

The refusal to refund bond is due to an unpaid service charge.

The service invoice was not provided within the 4 weeks of issue therefore according to the legislation (and conversations with RTA & Qstars) it is not payable by the tenant. They were given 4 hours to pay as opposed to 4 weeks or bond will not be returned.

Can bond still be disputed despite this?

Context then questions below.

I have submitted numerous disturbance complaints to real estate after having two verbal conversations with a neighbour in an attempt to resolve the issues, prior to contacting real estate, about their excessive exaggerated stomping and slamming doors through all hours of the day and night all the time for months on end. I'm talking 11pm, 12am, 130am 2am, 5am... Etc.

The noise is significantly beyond what would be accepted as general footfall or general noise 184(c) of QLD rooming and tenancy legislation), and whilst they haven't formally complained, the other tenants also are woken by this almost every night.

I have been keeping a log of dates and times and the instances and the way in which they have effected me since the 26th of February. In correspondence on the 21st of April the real estate's solution, was to call the police. The issues have crossed over into verbal harassment, slurs, and intimidation now. I have a couple of recordings which I have submitted to the police as well as a log of 102 instances by the neighbouring tenant who is causing all these issues the real estate still will not issue a breach.

The other option they provided me and the neighbour was to break lease with out any penalties; based on their correspondence and the way in which they have been communicating with me it is seeming very much like they have a personal connection to the neighboring tenant that is causing the disturbances.

When I did go to the police I played them the recordings showed them the list and even the police said this is grounds for us to pay a visit, the constable was shocked nothing had been done about it, and I was further surprised when he said "I would be pissed off too".

The police told me to take out a peace and good behavior order on the neighboring tenant. I have completed this form and taken it to the court but not lodged ... yet.

I had another conversation with the real estate yesterday which they deflected every single thing that I raised and said we haven't received any evidence about the mutual complaints, we have received complaints about you. I had said to them I have not received anything in writing nor have I had any verbal conversations with any of the neighboring tenants about complaints relating to MY tenancy therefore are not willing to see this as a mutual issue, and let's stick to what I am communicating with them rather than the neighbours retaliation, as, again, it has entered harrassment and intimidation territory.

The RTA said that I should be issuing and noticed to remedy breach to the real estate, and I would like to, however, I've if I secured another property and I were to give notice to vacate, is it worth still issuing a breach in this time? Given their lack of action I suspect they'd just ignore me. RTA have been very supportive in explaining and providing steps and they are a bit surprised as well.

Here are my questions:

1. should I be issuing a notice to remedy breach still

2. what protection should I put in place for myseld in order to ensure there is no issues upon vacating beyond the normal cleaning and hand the keys.

3.i have in writing in an email, that I can break lease without penalty is this valid as evidence?

4. Why would they not be issuing a breach regarding the above clause, when it is well within the means to issue a breach?

5. Regardless of IF I move, I will still need to be here for two weeks so what can I do in the interim?

6. What could I put in place to protect myself from intimidation and conflict if and when I move, ie, are there services that would help in a conflict situation?

I am scared to flush the damn toilet because when the neighbour knows that I am home and if she hears absolutely anything from me such as theforementioned flushing toilet she starts her exaggerated stomping and slamming things to antagonise me and try and get a reaction out of me.

Please don't say "just move", yes it is an option, but why do we sign a lease, a legal document, with a couple hundred clauses when the clauses, specifically 184c are not upheld and harassment is evidently not a breach-able issue.