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halloweenmum
02-03-2010, 16:55
Hi,
Well, I used to be a property manager but even I dont know the answer to this one, lol.

I applied for a rental home in QLD and have been approved. I am due to sign the lease and pay bond & rent on thursday. I have not paid or signed any money, only filled out an application form.

But I have had a change of cirumstances and cant get the bond money together :no: and so I cant move in anymore. I phoned the agent to tell them and they say because of the late notice I must pay them 2 weeks rent. I asked if I signed anything to say that I must do so. She said yes and read out the part - it says that upon acceptance of my application i am then bound by the lessor and lessee or something to that effect, but it doesnt specifically say I am to pay any money.

I phoned the RTA. THey also said the law on this matter is subject to interpretation and there is no set specific time or date that the applicant becomes committed to pay money prior to a lease being signed. Good! However, it is the agents right to ask for the money and take me to court over it and let a judge decide since there is no clear cut law on it.... and that most agents dont bother due to the legal fees, but I think this one will.

THe property manager also admitted that i was supposed to come in and pay a deposit. But she was away on holidays, and nobody in the office contacted me to ask for it or anything, I knew nothing about it. I think she has stuffed up, and is trying to get the deposit out of me now, but Im not paying a cent unless I have to by law or by decision of a court judge!

so, just wondering if anyone else has been in this situation and what the outcome was? or do you know anything more?

TIA!

kuddles
02-03-2010, 17:01
Oh no!
That is the last thing you need :(
Legally I think you should be okay without paying the money. After all it is their fault for not getting you to pay the weeks holding fee that is the standard deposit/fee. Crossing fingers for you though.
Good luck.

halloweenmum
02-03-2010, 17:03
Hi Kuddles,
Funny I was just thinking of PMing you :) Can you beleive it, after my big vent and fight with DH about wanting to move, we now cant even lend the cash to do it. Sigh. :hair:

kuddles
02-03-2010, 17:09
Damn catch 22 again.
Life can be so frustrating. Maybe you can find a place with the agent you are with now? Maybe if you talk to them they might keep their eye out for you? I wouldn't say you can't afford the house you are in though. Maybe just say you need x amount of bedrooms because the one you have doesn't have enough.
Sending you hugs. Sounds like you really need them.

halloweenmum
02-03-2010, 17:17
Damn catch 22 again.
Life can be so frustrating. Maybe you can find a place with the agent you are with now? Maybe if you talk to them they might keep their eye out for you? I wouldn't say you can't afford the house you are in though. Maybe just say you need x amount of bedrooms because the one you have doesn't have enough.
Sending you hugs. Sounds like you really need them.

Thanks:). Yeah thats what they think already, but its true, there isnt enough room here. I had to phone my current agent today to ask if we could now stay on instead of vacating. He was fine with that luckily. They dont have any suitable homes right now (its a small town) but I will keep an eye out, I guess thats all I can do.

Oh wait until DH gets home and finds out whats happened :laughing:

ITs our anniversary today and we got a card with $10 in it from MIL, I am going to go to the shop and buy the biggest block of chocolate I can find so we can eat it tonight while i sulk LOL

sweetseven
02-03-2010, 17:26
If it is just the bond you need, then perhaps you can get your current agent to agree to transfer the bond to the new property?

whatasurprise
02-03-2010, 17:42
Sorry you are going thru this :hugs: are you able to go to The Dept of Housing to ask them for the bond? I did that a few years ago.

halloweenmum
02-03-2010, 17:56
If it is just the bond you need, then perhaps you can get your current agent to agree to transfer the bond to the new property?

THe new agent wont allow it because the current bond is not lodged with the RTA, its lodged in my current agents trust account.:no:


Sorry you are going thru this :hugs: are you able to go to The Dept of Housing to ask them for the bond? I did that a few years ago.

I dont know? I doubt it because neither DH or I are on a centrelink payment???? I might have a google and see...

Hooves
02-03-2010, 18:07
Gees this is a hard one.

How can they ask this of you? You haven't signed a lease.

AND what if you applied for a few houses, HOW do they justify charging you a fee?

The real estate, sound like right backsides!:mad:

halloweenmum
02-03-2010, 18:16
Gees this is a hard one.

How can they ask this of you? You haven't signed a lease.

AND what if you applied for a few houses, HOW do they justify charging you a fee?

The real estate, sound like right backsides!:mad:

Yes you are right, thankyou for that perspective!!!
You know, funnily enough she hasnt called me back after speaking to the RTA...

kuddles
02-03-2010, 19:58
Thanks:). Yeah thats what they think already, but its true, there isnt enough room here. I had to phone my current agent today to ask if we could now stay on instead of vacating. He was fine with that luckily. They dont have any suitable homes right now (its a small town) but I will keep an eye out, I guess thats all I can do.

Oh wait until DH gets home and finds out whats happened :laughing:

ITs our anniversary today and we got a card with $10 in it from MIL, I am going to go to the shop and buy the biggest block of chocolate I can find so we can eat it tonight while i sulk LOL

:yelclap: Happy anniversary. A nice big block of chocolate sounds wonderful. :)
Smalls towns can be quite tricky can't they! I'm :fingerscrossed: that your luck turns soon.