NCAT Rental Bond Hearing

1. Tribunal Member · turn 1

   Good morning, Mrs Luo. Please take a seat. This matter concerns your application for the refund of the rental bond for the premises at Unit 20, 123 Albert Street, Cabramatta. Is that correct?

   早安，羅女士。請坐。本案涉及您就卡布拉馬塔（Cabramatta）阿爾伯特街（Albert Street）123號20室物業申請退還租金押金一事。請問是否正確？

2. Mrs Luo · turn 2

   對。我搬走以後，中介一直不肯把押金退給我，所以我才來申請仲裁。我已經跟他們交涉過好幾次了，但是一直沒有結果。

   Yes. After I moved out, the real estate agent kept refusing to refund my bond, which is why I applied for tribunal arbitration. I’ve negotiated with them several times, but with no result.

3. Tribunal Member · turn 3

   All right. Before we begin, I should explain that the other party hasn’t arrived. However, this hearing has already been adjourned twice, and there is no application before me for a further adjournment. I’m therefore prepared to hear the matter ex parte. That means we’ll proceed with the case in the absence of the other party.

   好的。在我們開始之前，我需要說明對方當事人尚未到場。然而，本次聆訊已經休庭延期過兩次，而我面前並沒有收到進一步延期的申請。因此，我準備進行單方面審理。這意味著我們將在對方缺席的情況下繼續審理本案。

4. Mrs Luo · turn 4

   啊，好極了。要是今天能正常進行庭審就太好了，我可不想改天再來。今天請假過來已經很麻煩了，上兩次又白跑一趟。

   Ah, that's wonderful. It would be fantastic if we could proceed with the hearing normally today; I really don't want to come back another day. Taking leave to come here today was already very troublesome, and the last two times were a wasted trip.

5. Tribunal Member · turn 5

   I understand. Although the agent isn’t here today, I still need to consider the material they’ve provided to the Tribunal. I’ll ask you about each of the issues they’ve raised, and you’ll have an opportunity to respond.

   我明白。雖然中介今天沒有到場，但我仍需考慮他們向審裁處提交的材料。我會就他們提出的每項問題詢問您，您將有機會作出回應。

6. Mrs Luo · turn 6

   好的，沒問題。他們說的很多事情根本不是那麼回事，我也帶了一些照片和當時的文件過來。

   Sure, no problem. A lot of what they said is simply not true at all, and I've brought some photos and documents from that time with me.

7. Tribunal Member · turn 7

   I’ve read your file, and one of the reasons the agent gives for not refunding your rental bond is that you didn’t give them enough notice. I’d like to know why you left the premises, how much notice you gave the agent, what condition the flat was in when you moved in, and what condition you left it in.

   我已經閱讀了您的卷宗，中介不退還押金的理由之一是您沒有給予足夠的通知期。我想了解您為何搬離該物業、您給了中介多長時間的通知、您搬入時房屋的狀況如何，以及您搬出時房屋的狀況又是怎樣的。

8. Mrs Luo · turn 8

   我搬出去主要是因為原來那個公寓天花板漏水，應該是樓上防水沒有做好。我家浴室和隔壁臥室的天花板都發霉了，非常潮濕。剛搬進去的時候天花板還沒有明顯異常，可是後來樓上開始住人，就慢慢出問題了。

   The main reason I moved out was that the ceiling in the original apartment was leaking, probably because the waterproofing upstairs wasn't done properly. The ceilings in our bathroom and the adjoining bedroom became mouldy and very damp. When we first moved in, there was nothing noticeably wrong with the ceiling, but after someone moved in upstairs, problems gradually started to appear.

9. Tribunal Member · turn 9

   Did you report the leaking ceiling and the mould to the agent when the problem first developed?

   當問題最初出現時，您有沒有向中介報告天花板漏水和發霉的情況？

10. Mrs Luo · turn 10

    有啊。我打過電話，也發過郵件。我還拍了照片給他們看。中介說會找人來檢查，可是每次都說正在安排。後來確實有人來看過一次，但是問題一直沒有真正修好。

    Yes, I did. I called them and sent emails as well. I even took photos to show them. The agent said they would arrange someone to inspect it, but every time they just said it was being arranged. Someone did come to look at it once later on, but the problem was never actually fixed properly.

11. Tribunal Member · turn 11

    So, did you tell them that you couldn’t put up with the situation anymore and that you wanted to move out?

    那麼，您當時有沒有告訴他們，您無法再忍受這種情況，因而想要搬走？

12. Mrs Luo · turn 12

    沒有啊，這裡租金便宜，所以一開始我打算忍一忍。他們告訴我他們正在賣房子，要是我的租約到期前房子賣出去了，他們會安排我在酒店住的。後來我聽說附近22號公寓要空出來了，我們就打算搬進去，省得他們還要給我們租酒店房間。所以我們給了大概兩週的提前通知。

    No, the rent there was cheap, so initially I intended to put up with it. They told me they were selling the property, and that if it sold before my lease expired, they would arrange hotel accommodation for me. Later, I heard that nearby Unit 22 was about to become vacant, so we decided to move in there, saving them from having to rent a hotel room for us. So we gave approximately two weeks' advance notice.

13. Tribunal Member · turn 13

    Let me make sure I’ve understood you correctly. You weren’t originally intending to terminate the tenancy because of the mould. You subsequently became aware that Unit 22 was becoming available, and you decided to move there because the owner was already proposing alternative accommodation if Unit 20 was sold. Is that your evidence?

    讓我確認一下是否正確理解了您的意思。您最初並非打算因發霉而終止租約。您後來得知22室即將空出，並因業主曾提議若20室售出將提供替代住所，而決定搬去那裡。這是您的證供嗎？

14. Mrs Luo · turn 14

    對，就是這樣。我不是突然一聲不吭就搬走的。我們跟中介談過，而且我以為這樣對大家都方便。他們不用付酒店的錢，我們也不用搬去酒店住幾個星期，再搬一次家。

    Yes, exactly. I didn’t just move out suddenly without saying a word. We spoke with the agent, and I thought it would be convenient for everyone. They wouldn't have to pay for a hotel, and we wouldn't have to stay in a hotel for a few weeks and move yet again.

15. Tribunal Member · turn 15

    All right. So you gave them approximately two weeks’ notice. The other reason they gave for not refunding your bond is that the walls were all dirty, and they say the walls had been freshly painted when you moved in. What do you have to say about that?

    好的。所以您給了他們大約兩週的通知。他們不退還押金的另一個理由，是牆面全都很髒，而且他們稱您搬入時牆面是剛粉刷過的。對此您有何回應？

16. Mrs Luo · turn 16

    騙人，根本不是這樣。牆本來就很髒，所以我還用刷子刷過。很明顯，那些牆是很多年前粉刷的。如果房子是剛剛粉刷過的，租金怎麼可能那麼便宜？他們這樣說太不負責任了。

    That's a lie, it wasn't like that at all. The walls were already very dirty, so I even scrubbed them with a brush. It was obvious that those walls had been painted many years ago. If the flat had been freshly painted, how could the rent have been so cheap? It’s completely irresponsible of them to say that.

17. Tribunal Member · turn 17

    Mrs Luo, do you have any evidence showing the condition of the walls at the commencement of the tenancy? For example, photographs or an entry condition report?

    羅女士，您是否有任何證據能證明租期開始時牆面的狀況？例如照片或入住狀況報告？

18. Mrs Luo · turn 18

    有。我搬進去的時候拍過照片，手機裡還留著。而且入住狀況報告上我也寫了牆上有污漬和刮痕。你看這幾張照片，牆角這裡本來就是黑的，這邊還有以前留下來的釘孔。

    Yes, I do. I took photos when I moved in, and I still have them on my phone. Furthermore, I also noted on the entry condition report that there were marks and scratches on the walls. Look at these photos: this corner of the wall was already black, and over here there were pre-existing nail holes.

19. Tribunal Member · turn 19

    Thank you. I’ll take those photographs into account. I can also see that the condition report records marks and scuffing on several walls. The agent would need to establish that any deterioration they’re claiming goes beyond fair wear and tear.

    謝謝。我會考慮這些照片。我也看到狀況報告中記錄了數面牆上有痕跡和擦痕。中介需要證明他們所聲稱的任何損壞超出了合理正常磨損的範圍。

20. Mrs Luo · turn 20

    對啊，而且我們搬走以前還特意把房子打掃了一遍。我不敢說每個地方都跟新的一樣，但是絕對比我們剛搬進去的時候乾淨。當我搬到20號單位的時候，烤箱油膩膩的，髒死了。我們絕對不可能用那麼髒的烤箱做東西吃。我和女兒用了烤箱清洗劑洗了兩遍才敢用。當我們搬走的時候，烤箱可乾淨了。至於紗窗，那玩意兒從一開始就不存在，我們怎麼拿？再說了，我們拿那玩意兒幹嘛，有病啊？

    Exactly, and we specially cleaned the flat thoroughly before moving out. I can’t claim every spot was like new, but it was definitely cleaner than when we first moved in. When I moved into Unit 20, the oven was greasy and filthy. There was no way we would cook food in such a dirty oven. My daughter and I scrubbed it twice with oven cleaner before dare using it. When we moved out, the oven was spotless. As for the flyscreens, that stuff didn't exist from the very beginning, so how could we have taken them? Besides, why on earth would we want to take those things? Are they crazy?

21. Tribunal Member · turn 21

    All right. I understand what you’re saying. Just to clarify your evidence, you’re saying there were no flyscreens installed when you first took possession of the property?

    好的。我明白您的意思。為了釐清您的證供，您是說當您最初接收該物業時，並沒有安裝任何紗窗？

22. Mrs Luo · turn 22

    對，一個都沒有。我搬進去第一天就發現窗戶沒有紗窗。夏天開窗的時候蚊子和蒼蠅都會飛進來，我還跟我女兒抱怨過這件事。所以現在說是我們把所有紗窗拿走了，我真的不知道他們是怎麼想的。

    Yes, not a single one. On the very first day I moved in, I noticed that the windows had no flyscreens. In summer, mosquitoes and flies would fly in whenever we opened the windows, and I even complained about this to my daughter. So for them to say now that we took all the flyscreens, I really don't know what they're thinking.

23. Tribunal Member · turn 23

    And is the absence of the flyscreens recorded anywhere in your entry condition report?

    那麼，您的入住狀況報告中是否有記錄缺少紗窗的情況？

24. Mrs Luo · turn 24

    我記得有寫。我當時寫的是窗戶沒有紗網，而且其中一扇窗還有點關不緊。如果報告還在檔案裡，應該可以看到。

    I remember writing it down. At the time, I wrote that the windows had no screens, and that one of the windows couldn't be closed tightly. If the report is still in the file, you should be able to see it.

25. Tribunal Member · turn 25

    Yes, I have the report here. There is a notation concerning missing flyscreens. On the material before me, I’m not satisfied that the landlord has established that you removed them.

    是的，報告就在我這裡。上面確實有一處關於缺少紗窗的註記。根據我面前的材料，我認為房東未能證明是您拆除了紗窗。

26. Mrs Luo · turn 26

    那就好。我最生氣的就是這個，明明本來就沒有的東西，最後還要算在我頭上。

    That's good. That was what made me angriest—something that was never there in the first place, and in the end they tried to blame it on me.

27. Tribunal Member · turn 27

    I’ve considered your evidence, the condition report, the photographs you’ve provided and the written material lodged by the agent. In relation to the walls, I accept that there was pre-existing marking and wear. I also accept your evidence concerning the condition of the oven and the absence of the flyscreens at the commencement of the tenancy.

    我已經考慮了您的證供、狀況報告、您提供的照片以及中介提交的書面材料。關於牆壁，我接納上面本已存在痕跡和磨損。我也接納您關於租期開始時烤箱狀況以及未安裝紗窗的證供。

28. Mrs Luo · turn 28

    那我的押金可以退回來嗎？他們之前跟我說，清潔、牆壁還有紗窗加起來，可能整筆押金都不會退給我。

    So can my bond be refunded? They told me earlier that between the cleaning, the walls, and the flyscreens, they might not refund the bond to me at all.

29. Tribunal Member · turn 29

    Yes. On the evidence before me, I’m not satisfied that the landlord has established an entitlement to retain any part of the bond. I’ll now draft an order and then read it to you.

    可以。根據我面前的證據，我認為房東未能證明其有權扣留押金的任何部分。我現在將起草一項仲裁令，然後讀給您聽。

30. Mrs Luo · turn 30

    好的。

    All right.

31. Tribunal Member · turn 31

    This is the order: Mr Williams, the owner of the premises known as Unit 20, 123 Albert Street, Cabramatta, shall make a full refund of the rental bond of $342 to Mrs Luo of Unit 22, 123 Albert Street, Cabramatta, by 14 September 2019.

    命令如下：位於卡布拉馬塔阿爾伯特街123號20室的物業業主威廉斯先生（Mr Williams），須於2019年9月14日之前，將342澳元的租金押金全額退還給阿爾伯特街123號22室的羅女士。

32. Mrs Luo · turn 32

    所以342塊錢要全部退給我，一分都不能扣，是嗎？

    So the full $342 has to be refunded to me without a single cent deducted, is that right?

33. Tribunal Member · turn 33

    That’s correct. The order requires the bond to be refunded to you in full. If the order isn’t complied with, there are enforcement procedures available, but you don’t need to deal with that today. Please pick up a copy of your order from the Registrar on your way out.

    沒錯。該命令要求將押金全額退還給您。如果對方不遵守該命令，有相應的執行程序可用，但您今天不需要處理這件事。離開時請向前台登記官領取一份您的仲裁令副本。

34. Mrs Luo · turn 34

    非常感謝。希望中介接到仲裁令後能按照指令把押金如數還給我，我也能安安心心地搬家了。

    Thank you very much. I hope the real estate agent will follow the order and return the bond in full after receiving the tribunal order, so that I can move with peace of mind.

35. Tribunal Member · turn 35

    Thank you, Mrs Luo. That concludes the matter.

    謝謝您，羅女士。本案審理完畢。

This is the read-only transcript view, for reviewing before or after a practice session.