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Tenant Damaged Your Rental Property? The Formal Letter That Recovers Costs

Bond not enough to cover the damage? A letter of demand to the former tenant is the next step before tribunal — here is how it works.

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Topics: landlord, letter of demand, property damage, tenancy

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.

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A lawyer's letter
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The legal framework in your state

New South Wales: 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. Victoria: Residential Tenancies Act 1997 — VCAT. Queensland: Residential Tenancies and Rooming Accommodation Act 2008 — QCAT. Western Australia: Residential Tenancies Act 1987 — Magistrates Court. South Australia: Residential Tenancies Act 1995 — SACAT. Australian Capital Territory: Residential Tenancies Act 1997 — ACAT. Tasmania: Residential Tenancy Act 1997 — the Residential Tenancy Commissioner or the Magistrates Court. Northern Territory: 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.

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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.

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Agents respond to formal notices because they know what happens at the tribunal if they don't.
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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 fee, 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.

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What happens when you put your landlord on formal notice

Same problem. What a prepared case looks like.

Before — doing it yourself
You email the agent. "We'll pass it on."
You follow up. Nothing.
Weeks pass. You keep paying rent.
You feel powerless in your own home.
→
After — a formal Letter of Demand
A formal Letter of Demand cites the exact section of the Act.
It sets the deadline the law gives them.
It records exactly what you asked for and when.
If nothing changes, you have the record the tribunal will ask for.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
Letter of Demand$49 · ready in minutes · no card to start
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Getting it drafted

Can I have a Letter of Demand drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.

How much does a Letter of Demand cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Letter of Demand in Australia?

No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Letter of Demand template doesn't?

It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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