From: / fan vivian ()
To: / ;
Date: / Tuesday, 6 December 2011 9:16 PM
Good evening,
It seems there is no point arguing with you on the unreasonable subject of kinds of rubbish in the vacuum bag and so on because all you’ve claimed was done after my moving out the room which very much can be false. Therefore, whatever you claimed for the costs, please provide itemized official receipts before any reduction on the bond.
Furthermore, I am filing a form with RTA after my discussion with the agency. As you are well aware the fact that you didn’t notice RTA about my bond has already violated the regulation. I’ve also shared this terrible experience with my fellow students and none of them think that you are being genuine in this case.Taking advantage on this, making money out of an overseas student in this dishonest manner somehow rather pathetic. I will also report this to the university and the other housing agents – this kind of behavior by a subcontractor like you should not be allowed. They should monitor you as a subcontractor for future student tenants. Again, bullying and taking advantage on students who don’t have income and living miles away from home for studying is extremely unethical. I am positive that the university and other regulation authorities will help address this case to stop the negative impact caused by greed with subcontractors like you, so that overseas students can enjoy the education provided the country.
Vivian
Date: Sat, 3 Dec 2011 05:29:52 -0800
From:
Subject: Re: Room (Photos Part 1)
To:
Good evening
That sounds like the best outcome I could hope for
I wish you the best of luck in providing your 'document' and 'evidences' to the RTA
Michelle
From:fan vivian <>
To:Michelle Cheang <>
Sent:Saturday, 3 December 2011 10:00 PM
Subject:RE: Room (Photos Part 1)
Good evening,
As you insist of your unreasonable amount of deduction of bond, I will provide all my evidences and documents to RTA to seek for help.
Thank you for your reply.
Vivian
Date: Sat, 3 Dec 2011 03:00:27 -0800
From:
Subject: Re: Room (Photos Part 1)
To:
Good evening
You should be aware that there werenohair strands, nail clippings or glass shards present in the room when you moved in
You should also be aware that all the biological matter (eg: hair and nail clippings) belongs toyou
If you still insist in displaying this unreasonable behaviourI feel the best course of action would be for the RTA to become involved
I wish you the best of luck in attempting to explain to the RTA how the room was 'cleaned' without the aid of a vacuum cleaner (as per my photo which showed nil vacuum brush marks on the carpet), or how your supposed 'cleaning' missed two sandwich bags full of hair, nail clippings, dried fruit, two rubber bands and multiple glass shards
I ammore than happyto provide the bags, the photos, as well as other evidence I have since discovered proving that you didnotreturn the room to its original condition prior to vacating the premises
I will deduct the required amount from the bond (including six hours of cleaning, steam cleaning of the carpet, cost of new curtains, and cost of replacing light fitting and plastering two dents in the stairwell) and transfer the remainder to your Commonwealth Bank account by end of December
The provision of your bank details prior to end of December is your responsibility
Michelle
From:fan vivian <>
To:Michelle Cheang <>
Sent:Saturday, 3 December 2011 4:10 AM
Subject:RE: Room (Photos Part 1)
Good morning,
I have returned the room to its original condition before handover day.
You should be knowing that when I moved in, the room and stuffs were not totally clean and were not dustless.
If you still insist on your unreasonable demands, I would like to seek for help from RTA.
Thank you.
Vivian
Date: Thu, 1 Dec 2011 23:03:51 -0800
From:
Subject: Re: Room (Photos Part 1)
To:
Good afternoon
I assume that by 'check in front of you', you mean assess the condition of the room while you were present
There is no provision in the Residential Tenancies Act that statesa room has to be examined in the presence of a witness
In addition, you did not provide me with sufficient notice that you intended to vacate the premises (less than 24 hours notice)
"I do not think there were problems in the room therefore I returned the key, and you agreed with me to return the key."
The keys were returned while I was not on the premises
As I recall, they were left on the kitchen bench
I was obviously only able to assess the condition of the roomafterI had returned to the premises
I agreed that the key should be returned asyouno longer had any rightto be in its possession after 4/12/2011
Again, you are assuming that one action equates to another
Returning a set of keys doesnotmean the condition of the premises you vacatesd is automatically assumed to be satisfactory
This is just like the instance where you assumed 'packing up' doesnotequate to 'cleaning'
"You were not check the room in front of me, and you sent email on 27/11/2011 but not 26/11/2011, even you noticed problems on 26/11/2011."
"Although you noticed the problems on26/11/2011, you decided not to inform me even when I informed you that I was going to return the key."
As I have reiterated in previous emails, it is not my responsibility to 'check' on the room and 'notify' you
It is your responsibility to ensure the room is restored to its original condition
"Photos were not taken in front of me, so they are taken behind me."
I assume that by this statement, you meant photos were taken without you present in the same room
I am very interested in the origin of your assumption that photos taken 'behind you' carry no weight
This is particularly so since the justice system throughout Australia and the Western world, admit photos taken without the presence of a witness (eg: criminal) as exhibits, even criminal trials
But perhaps you were unaware of this?
I was underno obligationto inform you that photos were being taken to document the condition of the room
In any case, since you 'thought' the room was 'clean' I doubt that notification of any form would have induced you to see otherwise
I would again like to bring your attention to the query posed in my previous email that you have failed to clarify:
In addition, please clarify the reason which leads you to believe that the condition of the room had changed between you vacating the premises and the photos being taken
If the room was indeed 'clean' as you 'thought' (please note that your opinions cannot be admitted as evidence), how do you account for the conditions documented in the photos?
Or perhaps you are under the impression that the nail clippings (which have nail polish on themmatching the colour of your nails), hair strands and silver earring are not yours?
I have kept all debris collected from the room, and am more than happy to provide a sample for analysis purposes, should you wish to dispute ownership of the debris
As for other non-organic matter in the room (glass shard embedded in the carpet), it poses a hazard to anyone entering the room with bare feet
You have obviously broken a glass object in the room, and failed to remove all the shards
Again, please clarify how this glass object came to be broken and why the glass shards failed to be removed when you purportedly 'cleaned' the room, as any thorough cleaning should have included vacuumuing of the carpet
I have also put the following query to you in a previous email, which again, you failed to answer:
In terms of the 'cleaning' that you supposedly performed on 26/11/2011, did you, in fact perform the following:
- vacuum the carpet (including the carpeted area in the wardrobe)
- wipe down all surfaces (window ledge, desk, and bookshelf)
- clean the fan blades
- replace the light fitting on the ceiling (as you verbally advised you would when you removed the fitting)
- remove the mould rings in the shower cubicle
Not only have you avoided the question, you have also providednil evidence that the room was cleaned
The burden of proof remains onyouto prove that the room was restored to its original condition
The amount of evidence I have provided is sufficient to prove it was not
Michelle
From:fan vivian <>
To:Michelle Cheang <>
Sent:Friday, 2 December 2011 3:58 PM
Subject:RE: Room (Photos Part 1)
Good afternoon,
You were not check the room in front of me, and you sent email on 27/11/2011 but not 26/11/2011, even you noticed problems on 26/11/2011.
You pointed out the problems after I returned the key on 27/11/2011, even you took photos which is not in front of me on 26/11/2011.
You did not inform me about the problems before I return the key on 27/11/2011,
and you did the cleaning onyour ownwhich you are going to charge mewithout inform me about the cleaning.
Although you noticed the problems on26/11/2011, you decided not to inform me even when I informed you that I was going to return the key.
I do not think there were problems in the room therefore I returned the key, and you agreed with me to return the key.
If you find any problem, you should point out in front of me before I return the key;
But not point out a list of problems after you got the key.
There should be no problems for both when returning the key.
Photos were not taken in front of me, so they are taken behind me.
You do not have to inform me unless you are going to charge me.
Vivian
Date: Thu, 1 Dec 2011 20:42:05 -0800
From:
Subject: Re: Room (Photos Part 1)
To:
Good afternoon
Please clarify the following:
"You have not check the room until I leave Brisbane, and even when you found problems, you did not inform me."
You were advised via email at 3.54pm on 27/11/2011. Therefore youwereinformed
“As the changes are out of my control, I do not know what would be happened after I left.”
You claimed that the room was‘cleaned’prior to you vacating the premises on 26/11/2011
I found the room to be in a condition that wasnot clean,after I was notified that you had vacated the premises on 26/11/2011
Photos were taken in order to document the condition of the room on 26/11/2011 (on the day when you vacated the premises)
Please clarify the meaning of the photos ‘being taken behind’
In addition, please clarify the reason which leads you to believe that the condition of the room had changed between you vacating the premises and the photos being taken
Please note that the photos were taken on 26/11/2011
The burden of proof remains on you to prove that the room was restored to its original condition
Thus far, you have providednil evidence
Furthermore, please note that I do not ‘have’ to do anything
You were and still are derelict in your responsibility to restore the room to its original condition
I am under no obligation whatsoever to a tenant who is in breach of their responsibility
Michelle
From:fan vivian <>
To:Michelle Cheang <>
Sent:Friday, 2 December 2011 2:19 PM
Subject:RE: Room (Photos Part 1)
Good afternoon,
As the changes are out of my control, I do not know what would be happened after I left.
If you need to do anything that you need to charge me, you have to tell me before you do so.
You have to inform me for professional cleaning but not to do it on your own; and inform me and charge me afterwards.
The things happened after I left, and I have no idea about it.
You have not check the room until I leave Brisbane, and even when you found problems, you did not inform me.
You took the photos behind me and the photos cannot be evidences.
Vivian
Date: Thu, 1 Dec 2011 18:49:33 -0800
From:
Subject: Re: Room (Photos Part 1)
To:
Good morning
In which case, I would like you to specify what changes you believe have occured after you vacated the room, and how you believ those changes came to occur?
Can I also point out, It is not a matter of whatyouthink is reasonable.
It is a matter of what services and products need to be provided, in order to restore the room to its original condition prior to you moving in
Based onevidenceI have provided (eg: photos), you are clearly in breach of your responsibility
The onus is on you toprovide evidence that carries similiar weight, proving the opposite (eg: that you are not in breach of your responsibility)
Based on our correspondence thus far, you have provided nil evidence to support your arguments
For your information, conjuncture regarding events that purportedly occured after you vacated your room are not considered to be evidence
Michelle
From:fan vivian <>
To:Michelle Cheang <>
Sent:Friday, 2 December 2011 8:17 AM
Subject:RE: Room (Photos Part 1)
Good morning,
It just stated that I believe the fact that there is possibility to have any changes in the room after I left which is out of my control.
It is just as simple as that.
Again, I understand that you need to deduce the money from the bond for the service butI think the price need to be reasonable.
Vivian
Date: Thu, 1 Dec 2011 06:22:52 -0800
From:
Subject: Re: Room (Photos Part 1)
To:
Good evening
I require further explanation regarding your statement below:
“I believe it is possible to have any changes in the room after I left the room which I do not know.”
Michelle
From:fan vivian <>
To:Michelle Cheang <>
Sent:Thursday, 1 December 2011 10:05 PM
Subject:RE: Room (Photos Part 1)
Good evening,
Thank you for letting me know the information.
Please provide me the receipts with the service ( re-plastering and repainting two dents in stairwell and replacing the light fitting)listed after all things have been done.
For the carpet, I am not sure about the damp patch as I do not think there was a damp patch on the floor when I was leaving.
I think it is the clean water spilled out when I was cleaning the desk and the bed frame.
Otherwise, there is no reason to have the damp patch.
I do not think there is a need to have the carpet cleaning service.
For the cleaning, however, as you have not inform me that you will do the cleaning when I am still in Brisbane.
My phone was working and I have not receive any call or text message or even email to inform me about this.
My rent is paid until 4 DEC 2011, and I think you should talk to me first before you do all the cleaning.
I think I have done the cleaning before I moved out. In case of the room is not the same as 100% original of the room,I have already contacteda professionalcleaner to do all the cleaning again and who is already standby.
You have not inform me so that I cannot ask the professional cleaner to do the cleaning before the end of my rent.
I have informed you to check the room but you did not reply me for your own reason until I left Brisbane, I believe it is possible to have any changes in the room after I left the room which I do not know.
In addition, there is no evidence to prove that you have worked for 6 hours.
My room is just approximately 150feet which should not take 6 hours for a professional cleaner to clean.
Therefore, 6 hours $240 is not reasonable for me.
I think you should inform me to do the cleaning rather than do the cleaning by your own without inform me.
As you say it is my responsibility to do the cleaning, but you did not inform me anything and I think it is unfair to me.
Moreover, there has not aofficialreceipt for it and it cannot be counted.
You do anything that you need to charge me, you must inform me before that. Otherwise, it is not reasonable.
I understand that you need to deduce the money from the bond for the service butI think the price need to be reasonable.
For the curtains, they are originally stained are very old before I moved in. It should not be all my responsibility.
In conclusion, thank you very much for your assistance.
Vivian
Date: Wed, 30 Nov 2011 21:05:44 -0800
From:
Subject: Room (Photos Part 1)
To:
Good morning,
I would like to bring to your attention that the repairs and cleaning you are proposinghave to be to a standard approved by the real estate agent
It isnotsimply a matter of you obtaining a provider ofyourchoice
In addition, it isnotmy responsibility to "giveyou a list of cost for every item that (I am)going to deduce from the bond"
The cost of the repairs and cleaning will be determined bythe provider of the services, not myself
As such, I am unable to provide you with such a "list"
After receiving your email on 29/11/2011, in the interest ofcommon courtesy, I contacted a handyman, a cleaner and a carpet cleaning company (all contacts provided by the estate agent) on your behalf