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  1. #1
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    Default Who's the *******, Landlord or Agent?

    One week out from a lease renewal and I get a call today from the agent saying the lease is not being renewed.

    Having spoken to him about a month ago and being assured that everything was fine, I was expecting to find it in the mail. Apparently, not so. And the agent says he doesn't know why.

    The property we are in is an investment property. When we took the place on we were drilled again and again that we were long term tenants and that year long leases were the go. Well that suited us. Now all of a sudden, the lease is not being renewed and there is no reason why.

    So when I said hi ho, hi ho it's off to the Tribunal we go, the agent suddenly said "well maybe I could broker you a six month extension but the rent would go up $25 I'm afraid..."

    We are still waiting for some maintenance issues to be undertaken. And yet they expect a rental increase and want to bargain about it last minute because they know they have us in a corner.

    I have had it with greedy people who have way too much sway over our lives. I must find a way to get out of this renting cycle.

    Otherwise I'll be giving birth in the stable down the road.

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  3. #2
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    In my experience, working with and knowing property managers, the PMs do genuinely try their best to do right by both the landlord and the tenant (provided they are good landlords/tenants - they do understandably get p!ssed off with bad landlords and tenants).

    I would guess that your property manager is simply under instructions from the landlord as it is the landlord who makes the decisions, it's just unfortunately the PM who has to hand on the bad news!

    Hope you can sort it out.

  4. #3
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    What issue were you going to raise at tribunal? Was my understanding that they were allowed to raise rent at the end of a lease?

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    This PM is slack. We have tolerated this. Our fault there. We should have stepped on him the minute he didn't follow up on his promises to fix the property.

    When I spoke with him this morning he was all ummms and ahhs. You either renew the lease or you don't. You don't say no and then say well you can broker a new deal as soon as you suggest that you're going to stand up for yourself.

    In relation to the tribunal, our issue is lack of notice. You don't ring up seven days out of a renewal and say too bad you have to move. And while yes, the rent can be raised at the end of a lease, the rental raise must be justified. As there are outstanding items on the maintenance list and we kept getting told it would happen and it just doesn't, we don't think a rental raise in this instance is justified.

    FTR, we have been a month ahead in rent at all times, we have maintained the property regularly over and above the requirements and have been extremely accommodating to the landlord in the past. To that end, I get a bit miffed when we are treated like common garbage and turfed when it suits them. Lying agent or greedy landlord? Not sure at the moment. Either way, I am not ending up homeless due to someone else's stuff up.

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    Quote Originally Posted by InBetween View Post
    This PM is slack. We have tolerated this. Our fault there. We should have stepped on him the minute he didn't follow up on his promises to fix the property.

    When I spoke with him this morning he was all ummms and ahhs. You either renew the lease or you don't. You don't say no and then say well you can broker a new deal as soon as you suggest that you're going to stand up for yourself.

    In relation to the tribunal, our issue is lack of notice. You don't ring up seven days out of a renewal and say too bad you have to move. And while yes, the rent can be raised at the end of a lease, the rental raise must be justified. As there are outstanding items on the maintenance list and we kept getting told it would happen and it just doesn't, we don't think a rental raise in this instance is justified.

    FTR, we have been a month ahead in rent at all times, we have maintained the property regularly over and above the requirements and have been extremely accommodating to the landlord in the past. To that end, I get a bit miffed when we are treated like common garbage and turfed when it suits them. Lying agent or greedy landlord? Not sure at the moment. Either way, I am not ending up homeless due to someone else's stuff up.
    Sorry to sound rude, but property owners have no law or cap on how much they want to raise rental prices by. They don't have to give reason or justify the increase.

    In our town at the moment because of the industry boom, an average 3 bedroom house has gone up from about $300 to cheapest I've seen $650 a week.

    I think $25 is very lucky, but yes I know, sometimes that extra just isn't possible.

    I think with the notice thing they need to give 2 weeks notice. Any more is just being nice.

    Are you in qld? Its really not the PMs fault nothing is getting fixed, they have to ask permission from the owners and if the owners say no then they can't do it.


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  8. #6
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    They don't have to give reason or justify the increase.
    Actually, yes they do. It's in the legislation.
    And yes, it is the property manager's responsibility to ensure that maintenance is done. And yes, by law, maintenance is required to be carried out within a finite time. And yes, they do have to provide a reason for eviction and yes it does have to be more than two weeks.

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  10. #7
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    Which state are you in?

    In QLD notice to leave rule for a lessor or agent is...

    • seven (7) days for unremedied rent arrears
    • 14 days for an unremedied breach
    • seven (7) days for non-compliance with a QCAT order
    • the same day for non-livability
    • two (2) months for compulsory acquisition
    • four (4) weeks for a sale contract signed when the tenants are on a periodic agreement
    • two (2) months without grounds (no reason) under a periodic agreement
    • two (2) months or the end of the term (whichever is later) without grounds under a fixed term agreement.
    I would be going to the tribunal as well...very unfair and unprofessional
    Hope you sort something out

    ETA: Also just read to increase the rent they need to give you a minimum of 2 months notice in writing...
    Last edited by Luna Lovegood; 03-11-2011 at 13:59.

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  12. #8
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    Quote Originally Posted by InBetween View Post
    Actually, yes they do. It's in the legislation.
    And yes, it is the property manager's responsibility to ensure that maintenance is done. And yes, by law, maintenance is required to be carried out within a finite time. And yes, they do have to provide a reason for eviction and yes it does have to be more than two weeks.
    I cant see where you are from? Qld?

    I can tell you for a FACT, as the owner of a rental property myself, I have the right to raise rent as I see fit and no one can make me back down. Simple. That's where the massive housing crisis has come from in our town, peoples rents are getting raised at $100+ each time they renew.

    For arguments sake, to justify a rent raise.... How much would you estimate the house to be worth? Let's say $300,000. (ours is $330,000) and our repayments are $2200 a month. So let's say $2,000 a month give or take that the owner has to pay in mortgage.
    They could EASILY argue to put the rent up to $500 per week to cover their payments. Remember this doesn't include rates, maintenance, rental agent fees, water, repairs.......

    From what I am reading they aren't evicting you, they just aren't renewing your lease..... There is a massive difference, and they need no reason to no renew. Eviction requires an amount of breaches by the tenant to justify it.

    And yes, in qld (again, not sure where you are from) you only need 14 days notice - again.. We had massive troubles with past tenants and major damages, and legally were told we only had to give 14 days, we however did the right thing and gave 2 months to say we weren't renewing, and they stayed after their lease, were THEN issued an eviction notice, and eventually left 2 months later all while not paying rent.

    I have been through hell with tenants and our property, and all this happened this year... So legislation can say one thing, but as the OWNER of the property, they have the right to do what ever they want to. You could take it to small claims court, but it really isn't worth the hassle.

    I'm not trying to be rude, I understand your obviously upset, we would have loved angel tenants like you, I'm just giving you the reality of what it's like.


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  13. #9
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    Quote Originally Posted by Rabbity Babbity View Post
    Which state are you in?

    In QLD notice to leave rule for a lessor or agent is...



    I would be going to the tribunal as well...very unfair and unprofessional
    Hope you sort something out

    ETA: Also just read to increase the rent they need to give you a minimum of 2 months notice in writing...
    I believe that info is for eviction, not about non-renewal of a contract.

    Again, they do need to give you notice but not if your contract is ENDING, and you are re-signing a whole new rental contract. I believe the above is like if you have a 12 month lease, and 5 months into your lease they want to increase rent.


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  15. #10
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    I just wanted to come back and say I really don't mean this in a harsh way... I understand how upsetting it can be for you and your family.

    I just think as a property owner and landlord, I have been burnt so really know my way around with what CAN happen and what DOES happen.

    I'll tell you, it is HARD being a landlord.

    When you're only getting $300 a week rent, $1100 a month after agent fees, and you have a $2000 mortgage a month, $1400 a year insurance, $200 a year water, and budget for $3000 a year repairs and maintenance.... Sometimes it can all seem pointless when people come in and f your house up (in our case).... We had over $12,000 in damages and only got $1200 of their bond back.

    I do think when you get a good tenant you treat them like gold, but I also think when you get a good land lord, you should also respect their choices and treat them the same, because after all... MOST land lords are just every day normal people.


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