The tenant moved out. The condition report at the end shows holes in walls, stained carpet, a broken oven door, and damaged blinds. The bond covers some of it. The repair quotes show you’re still thousands of dollars out of pocket. As a landlord, you have a clear right to recover damage costs — and a properly-drafted Letter of Demand is the step that often resolves the matter without tribunal.
The legal framework in your state
NSW: Residential Tenancies Act 2010 sections 51, 187 — tenant must not damage premises and is liable for repair costs beyond fair wear and tear. NCAT for orders. VIC: Residential Tenancies Act 1997 — VCAT. QLD: Residential Tenancies and Rooming Accommodation Act 2008 — QCAT. WA: Residential Tenancies Act 1987 — Magistrates Court. SA: Residential Tenancies Act 1995 — SACAT. ACT: Residential Tenancies Act 1997 — ACAT. TAS: Residential Tenancy Act 1997 — RMPAT. NT: Residential Tenancies Act 1999 — NTCAT.
Common tenant defences and why they often fail
“It was already like that.” A signed entry condition report (or photographs from the start of the tenancy) usually defeats this. “It’s just fair wear and tear.” Holes in walls, burns, stains and broken fixtures are damage, not wear and tear. Faded paint, light carpet flattening in walkways, and minor scuffs are wear and tear. “The bond should cover it.” The bond is a deposit, not a cap on liability. “I can’t afford to pay.” Inability to pay is not a defence; tribunals issue payment orders enforceable through normal debt-recovery channels.
What you need to recover
An entry condition report or dated photographs. An exit condition report or dated photographs. Repair quotes (ideally two, for credibility). Receipts for any work already done. A clear ledger of bond applied versus loss claimed. The Letter of Demand assembles all of this into a formal claim.
What the document does
A Letter of Demand to the former tenant identifies the damage with reference to the condition reports, attaches the quotes or invoices, sets out the bond shortfall, and demands payment within a defined period (typically 14–21 days). It creates the paper trail needed for tribunal recovery and frequently prompts settlement before that step is required.
What Claim Done delivers
For a flat $79, Claim Done drafts your Letter of Demand with the correct Act citations for your state, properly itemised damage and quotes, and a defined payment deadline. Around ten minutes in the wizard, no solicitor required.
What happens after
Many tenants settle (or enter a payment plan) once a properly-drafted demand arrives because tribunal orders carry enforcement consequences (judgment debts, default listings). If the tenant refuses, escalate to your state tribunal — these are routine matters for the small-claim jurisdiction.