Hamish's landlord withheld his bond over a single cockroach. He challenged them — and won

Sun-damaged curtains, a single cockroach, bugs in light fittings, dust on the washing line.

These are among the reasons given by landlords making a claim on their outgoing tenants' bonds.

When his landlord made a claim for $650 for cleaning and pest control out of their $2,200 bond, Sydney renter Hamish Croser took them to the tribunal — and won.

"I definitely felt vindicated when that result came through," Hamish says.

"Clearly, they were just making the claim hoping that it would intimidate me into dropping my claim and just accepting the $650. [It was] very frustrating to see that."

NSW Tenants' Union CEO Leo Patterson-Ross says the starting point should always be that the bond belongs to renters.

"So if someone wants to get your money off you, they should have to prove why," he says.

So if you disagree with the landlord's claim, what can you do and what evidence do you need?

Claim your bond refund yourself (if you can)

In most of Australia, you do not need to wait for your landlord to sign off to lodge your claim to get the bond back. Western Australia and the NT are the exceptions.

As soon as you hand the keys in, tenants advocacy groups suggest submitting your bond form.

After you've lodged your claim, the landlord has a set period (usually about two weeks) to decide if it's worth taking the matter to the tribunal.

If the landlord is first to submit a claim for part of the bond, the tenants will have to decide whether to challenge in the tribunal.

This might seem like a minor difference, but Mr Patterson-Ross says getting in first is an advantage for outgoing tenants.

"The landlord not only has to think about, 'Do we have the evidence? Is it worth putting in this claim?' But they also have to pay the agent to go to the tribunal for them … so they have to be a bit more serious about their claim," he says.

"Whereas if they're putting in the claim, it costs them nothing to make a claim for $100, $200. And a lot of tenants might accept that, rather than have to go to the effort of the tribunal."

Victoria changed its process a couple of years ago. Now the bond authority will automatically refund tenants after receiving notification that a lease is ending, unless the landlord either settles with the tenant or pursues a claim in the tribunal.

What happens in the tribunal

Hamish got his bond claim in first but his landlord still decided to go to the tribunal.

Depending on who initiated the claim, it's either free or a small charge to go to the tribunal and it's fine to represent yourself.

"It's not a court, they don't expect fully-fledged legal arguments. It's very much understanding of reasonableness," Hamish says.

Mr Patterson-Ross says it can take several months to get a hearing — and not everyone can afford to wait that long. Some renters need their bond money, so they accept a loss of a few hundred dollars to release the remainder.

Hamish had to wait three months, and he says he was lucky that his girlfriend could pay for the bond on their next place.

What evidence do you need?

Remember, when it comes to evidence, the burden of proof is on the landlord.

In Hamish's case, a photo of one German cockroach taken three days after they moved out was not evidence of an infestation.

Hamish also provided two quotes for an end-of-lease clean that were cheaper than the landlord's, which cast doubt on the agent's efforts to get the best deal.

But the best thing you can do is make sure the incoming and outgoing condition reports are accurate.

• When you move in, do your future self a favour and mark everything. Better still, take photos or videos.
• Share those photos and detailed notes (exactly how big is that mark on the wall?) with your landlord or real estate agent so there can be no doubt about when they were taken.
• Do the same thing when you move out. And again send them to the agent straight away just in case something happens between you leaving and the final inspection.

Mr Patterson-Ross says they've had cases where a rental has been damaged by storms after a tenant moved out but before the bond was finalised.

What is fair wear and tear?

This is one of the big areas of disagreement. Fair wear and tear is what occurs naturally over time as opposed to intentional or negligent damage.

Take carpet for example. Some flattening where people walk is expected, but a red wine stain would generally be considered damage you're responsible for, even if it was an accident.

Or when it comes to curtains, some fading or fraying of cords would be fair wear and tear, but if some are missing or torn, the renter would be liable. 

Do you need a professional cleaner?

No, and it can't be added as a requirement in the lease in most states. Same goes for professional carpet cleaning, unless you were given permission to have a pet and they have made the carpet dirty.

The tenant's obligation is to return the place in the same state as when you moved in, and reasonably clean.

Mr Patterson-Ross says that doesn't mean "showroom-ready". In Hamish's case, this distinction was important.

"The place was not sparkling clean," he acknowledged at the tribunal. "There was a bit of grease on the backsplash of the stove, there [were] some hard water stains on the shower."

He successfully argued that was similar to the cleanliness when he moved in part-way through the lease.

But we all know how hard moving is so, of course, if you can't face going back to clean and you can afford professional cleaners, it can be a worthwhile expense.