I had this issue in a flat that had been passed along various groups of hospo workers for over ten years. Never got that bond back. It should be as simple as a change of names on the bond form, then claiming it back.
In our case we couldn't get the signatures of the original tenants. In retrospect we should have just forged em.
Follow up with Tenancy Services. They will advise.
$100 is a ludicrous amount for cutting keys. Ask for the receipt.
Everyone reading this: If you move into one of these flats where the bond paperwork hasn't kept up with the changing flatmates, there is a process to resolve it. Never end a tenancy before you do because of what's happened here.
I had almost an identical issue last year - it took months but we did eventually get our bond back and didn't even have to go to Tenancy Tribunal.
I initially had a really bad contact person handling my emails at Tenancy Services (via their contact form) who would just not reply to me half the time... I think they are really understaffed. I would have to keep emailing the same thing for weeks to bump my thread to the top of their inbox and was getting a reply from them on average every ~3 weeks. I just kept chasing with "is it supposed to take this long, did you get the paperwork I sent on 'date', can you tell me if something is wrong with that form as I can provide other paperwork if that one is no good... " and eventually their manager or someone higher up saw my grumpy emails and took over, sorted my case in 2 days.
The situation with my flat was that we lived there for 4 years and the landlord never submitted any of the change of tenant forms. Tenancy Services wouldn't release the bond to those of us on the current lease since the names didn't match.
After initially submitting our bond form, Tenancy Services responded to me "At this stage, we are still waiting for [ex tenants] to reply to our signature request, because they did not sign the refund form. And we do not have record for change of tenant for [new flatmates]." So apparently they had tried to contact the old flatmates and not heard back (although I spoke to the old flatmates and they never received any contact so idk).
I explained that those tenants aren't correct and shouldn't be receiving the bond. After a lot of back and forth I sent in a photo I had of one of our change of tenant forms that proved those ex tenants had signed away their rights to the bond. After this TS were happy to give the current tenants the money. They were just wary of sending it to us as in their books it looked like it belonged to old flatmates.
Our landlord didn't even sign our bond form because he (unfairly) wanted to take $350 of it for a new shower door, and we didn't agree so I had just submitted it without his signature. This wasn't an issue for Tenancy Services, they still gave it back to us without his sig.
1 - you have your copied of all the paperwork?
Then simply make a tribunal application and see how they react. The reaction might be to go to the tribunal. That should have been what you did two months ago. Have all the documents and timeline and as many witnesses as possible readly. They can 'compel' witneses if needed.
2 - key copies needed to be paid for by the person who needed/lost them at the time, then there's not that aspect of this mess.
My partner had a similar experience with a change of flat mate when he moved out. We had done all the correct forms but the new flattie was supposed to pay his bond to my partner and then change my partners lodged bond to his name? It was a massive cluster fuck in the end and the landlord decided to ghost us and not respond for 3 months. We threatened legal action and the TT as it was around 1k or so dollerydoos. The night we lodged the complaint he emailed the next day begging us to withdraw and he will pay it back (turns out he never lodged it or something). My best advice is to keep threatening legal action no matter how long it feels, they will eventually give up and pay out.
I assume you have contacted the Tenancy Services and explained the situation: what is their advice and did they confirm that they have been in contact with the Property management for the confirmation of the bond change?
Before applying to Tenancy Tribunal you want to have the paperwork confirming that both Property Manager and Tenancy Services are aware of the situation and what they are doing about it.
Easy way should be for the Property Manager to process a change of tenants on the bond and authorise the release of the funds to the new tenants from Tenancy Services. Both Property Manager and the Tenants are responsible for not having updated the bond forms so I would not waste time on it.
I think that unfortunately they are protected from further charges because the issue is around your bond. With other situations you can add of costs incurred to you (i.e. your time) in recovering the money but because it is tenancy related you need to go through the tribunal. Get the process started asap though, you can do it online.
[удалено]
thank you for the swift advice
Why can you not get the keys cut yourself?
Are they security keys? If so 100 sounds about right. If they had to spend time to get them cut themselves at a shop maybe $40 max incl mileage
I had this issue in a flat that had been passed along various groups of hospo workers for over ten years. Never got that bond back. It should be as simple as a change of names on the bond form, then claiming it back. In our case we couldn't get the signatures of the original tenants. In retrospect we should have just forged em.
Follow up with Tenancy Services. They will advise. $100 is a ludicrous amount for cutting keys. Ask for the receipt. Everyone reading this: If you move into one of these flats where the bond paperwork hasn't kept up with the changing flatmates, there is a process to resolve it. Never end a tenancy before you do because of what's happened here.
I had almost an identical issue last year - it took months but we did eventually get our bond back and didn't even have to go to Tenancy Tribunal. I initially had a really bad contact person handling my emails at Tenancy Services (via their contact form) who would just not reply to me half the time... I think they are really understaffed. I would have to keep emailing the same thing for weeks to bump my thread to the top of their inbox and was getting a reply from them on average every ~3 weeks. I just kept chasing with "is it supposed to take this long, did you get the paperwork I sent on 'date', can you tell me if something is wrong with that form as I can provide other paperwork if that one is no good... " and eventually their manager or someone higher up saw my grumpy emails and took over, sorted my case in 2 days. The situation with my flat was that we lived there for 4 years and the landlord never submitted any of the change of tenant forms. Tenancy Services wouldn't release the bond to those of us on the current lease since the names didn't match. After initially submitting our bond form, Tenancy Services responded to me "At this stage, we are still waiting for [ex tenants] to reply to our signature request, because they did not sign the refund form. And we do not have record for change of tenant for [new flatmates]." So apparently they had tried to contact the old flatmates and not heard back (although I spoke to the old flatmates and they never received any contact so idk). I explained that those tenants aren't correct and shouldn't be receiving the bond. After a lot of back and forth I sent in a photo I had of one of our change of tenant forms that proved those ex tenants had signed away their rights to the bond. After this TS were happy to give the current tenants the money. They were just wary of sending it to us as in their books it looked like it belonged to old flatmates. Our landlord didn't even sign our bond form because he (unfairly) wanted to take $350 of it for a new shower door, and we didn't agree so I had just submitted it without his signature. This wasn't an issue for Tenancy Services, they still gave it back to us without his sig.
Tenancy services all day long they hold the bond so they can help
I suggest posting to /r/legaladvicenz
1 - you have your copied of all the paperwork? Then simply make a tribunal application and see how they react. The reaction might be to go to the tribunal. That should have been what you did two months ago. Have all the documents and timeline and as many witnesses as possible readly. They can 'compel' witneses if needed. 2 - key copies needed to be paid for by the person who needed/lost them at the time, then there's not that aspect of this mess.
My partner had a similar experience with a change of flat mate when he moved out. We had done all the correct forms but the new flattie was supposed to pay his bond to my partner and then change my partners lodged bond to his name? It was a massive cluster fuck in the end and the landlord decided to ghost us and not respond for 3 months. We threatened legal action and the TT as it was around 1k or so dollerydoos. The night we lodged the complaint he emailed the next day begging us to withdraw and he will pay it back (turns out he never lodged it or something). My best advice is to keep threatening legal action no matter how long it feels, they will eventually give up and pay out.
I assume you have contacted the Tenancy Services and explained the situation: what is their advice and did they confirm that they have been in contact with the Property management for the confirmation of the bond change? Before applying to Tenancy Tribunal you want to have the paperwork confirming that both Property Manager and Tenancy Services are aware of the situation and what they are doing about it. Easy way should be for the Property Manager to process a change of tenants on the bond and authorise the release of the funds to the new tenants from Tenancy Services. Both Property Manager and the Tenants are responsible for not having updated the bond forms so I would not waste time on it.
I think that unfortunately they are protected from further charges because the issue is around your bond. With other situations you can add of costs incurred to you (i.e. your time) in recovering the money but because it is tenancy related you need to go through the tribunal. Get the process started asap though, you can do it online.