W
What they can claim
Fair wear and tear — the line that determines your bond
The real issue
"Fair wear and tear" is the legal standard that separates legitimate bond claims from illegitimate ones. It is not defined by what looks bad or what costs money to fix. It is defined by what is a natural, expected result of ordinary use over time. A landlord cannot charge you for the deterioration that would have occurred regardless of how carefully you lived there.
| Fair wear and tear — landlord CANNOT claim | Damage — landlord CAN claim |
|---|---|
| Paint fading or minor scuff marks from normal use | Large holes in walls, unauthorised painting in non-standard colours |
| Carpet worn in traffic areas from normal foot traffic | Carpet stained, burned, or damaged beyond normal use |
| Loose door handles or hinges from regular use | Doors damaged, broken locks, or structural damage |
| Minor marks on benchtops from normal kitchen use | Burns, deep cuts, or water damage from negligence |
| General dust and minor grime requiring standard cleaning | Cleaning required to restore property to original standard (if significantly dirtier than at move-in) |
| Light globe replacements | Broken windows, damaged fixtures, missing fittings |
| Faded curtains from sunlight exposure | Curtains damaged, torn, or missing |
Proportional depreciation applies. Even for legitimate damage, the amount claimed must reflect the remaining life of the item, not its full replacement cost. A 7-year-old carpet that has a 10-year expected life has roughly 30% of its value remaining — a landlord cannot claim full replacement cost for a damaged carpet that was already 7 years old.
E
Your evidence
The documentation that wins bond disputes
Bond disputes are won or lost on documentation. Tribunals compare the property's condition at move-in against its condition at move-out. The tenant who has timestamped photos from move-in day has a powerful advantage over one who doesn't.
| Document | Why it matters | Where to find it |
|---|---|---|
| Move-in condition report (ingoing inspection) | The baseline — what the property looked like when you moved in. Any pre-existing damage should be listed here. | Given to you at lease start. If you didn't get one, contact your state tenancy authority. |
| Move-in photos (your own) | Timestamped photos from move-in day are the strongest evidence of pre-existing condition. Tribunals give significant weight to these. | Your phone. Search by date if you took them. |
| Move-out photos (taken on your last day) | Counters the landlord's claimed condition — shows what the property actually looked like when you left. | Take these the day you hand over keys. |
| Outgoing condition report (exit inspection) | Signed by both parties ideally. If the landlord refuses to sign or won't do one, document this in writing. | Requested from agent. You are entitled to attend the exit inspection. |
| Lease agreement | Shows the agreed condition, any inclusions, and the bond amount. | Your copy from lease start. |
| Bond lodgement receipt | Confirms the bond authority holds the money and the amount. | RTA (QLD), NSW Fair Trading (NSW), RTBA (VIC), etc. |
If the landlord won't let you attend the exit inspection — document it. Send an email before vacating confirming you wish to attend the exit inspection and asking for the time. If they exclude you, that exclusion is relevant to a tribunal.
D
Dispute process
How to dispute a bond claim — by state
The bond dispute process has two stages: first, attempt to negotiate directly with the landlord/agent. Second, if no agreement is reached, apply to the relevant tenancy body or tribunal. Both stages should be in writing.
| State | Bond held by | Dispute body | Contact |
|---|---|---|---|
| QLD | Residential Tenancies Authority (RTA) | RTA Dispute Resolution → QCAT if unresolved | rta.qld.gov.au · 1300 366 311 |
| NSW | NSW Fair Trading (Rental Bonds) | NSW Fair Trading → NSW Civil & Administrative Tribunal (NCAT) | fairtrading.nsw.gov.au · 13 32 20 |
| VIC | Residential Tenancies Bond Authority (RTBA) | Consumer Affairs Victoria → Victorian Civil & Administrative Tribunal (VCAT) | consumer.vic.gov.au · 1300 558 181 |
| SA | Consumer and Business Services SA | CBS SA → South Australian Civil & Administrative Tribunal (SACAT) | cbs.sa.gov.au · 131 882 |
| WA | Bond Administrator (Dept of Energy, Mines, Industry) | Direct application to the Magistrates Court | commerce.wa.gov.au · 1300 304 054 |
| TAS | Rental Deposit Authority | Residential Tenancy Commissioner → Magistrates Court | cbos.tas.gov.au · 1300 654 499 |
| ACT | ACT Revenue Office | ACT Civil & Administrative Tribunal (ACAT) | acat.act.gov.au · 02 6207 1740 |
| NT | Territory bond account (landlord or agent holds) | NT Civil & Administrative Tribunal (NTCAT) | ntcat.nt.gov.au · 1800 NTCAT1 |
T
At tribunal
What to expect — and how to prepare your case
Tenancy tribunal hearings are informal — you do not need a lawyer. Most are conducted by a member (adjudicator) who reviews the evidence from both sides and makes a binding order. Prepare a clear, chronological account supported by your documentation.
| Prepare | Detail |
|---|---|
| Timeline of events | Dates: lease start, move-in, any maintenance requests, vacate date, when bond claim was received, when you disputed. |
| Comparison of ingoing vs outgoing condition reports | Side by side — where do the landlord's claims align with or contradict the ingoing report? |
| Photos organised chronologically | Move-in photos matched to move-out photos for the same areas. Print these for the hearing. |
| Quotes for contested items (if available) | If the landlord is claiming $800 for carpet cleaning, an independent quote for the same job strengthens your case. |
| Correspondence record | Printed emails between you and the agent — especially anything acknowledging pre-existing damage or your requests for repairs. |
Free legal help for tribunal preparation: Tenants Queensland (QLD) · Tenants' Union of NSW · Tenants Victoria · Tenants' Information and Advocacy Service (SA) · Tenants WA. All provide free advice for bond dispute preparation. Call before your hearing if you are unsure how to present your case.