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  1. #41
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    That's a great news!

  2. The Following User Says Thank You to Luna Lovegood For This Useful Post:

    InBetween  (04-11-2011)

  3. #42
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    If I were you, I'd be signing a 3 month lease, and 2 months in be searching for another property...
    It would take three months to actually secure a property here. The rental market is shocking both for the skyrocketing rents asked and the poor standard of properties on offer. Also, I'll be giving birth in 3-4 months and the last thing I want to have to deal with while stretching my vagina is moving! Six months will allow me to get a breather and plan ahead as DH and I have decided to leave Brisbane altogether. It's turned into a horrible city and we're just sick of it. We see this latest thing as a sign to up and go.

    eta just saw your update - so it's the agent that wants you out not the LL? weird. Why would he fight it when it's not his property and the LL is happy with another 6 months? and what's the back rental payment about?
    No, the landlord was saying the agent did not speak to him so he was saying he was unaware of why we ended up at the tribunal. The agent says he did. It's a case of he said she said. Either way, the question was put to the landlord whether a lease was in the offing (he had the right to say no) and the answer was yes. The back rental was for breach of contract in that their end of the bargain was not met in terms of undertaking much needed maintenance of the property which, although properly reported, was duly ignored. It also compensates us for expenses we have outlaid in maintaining said property.

    I don't know why the agent said he'd appeal. I've stopped wondering long ago what goes through that man's head. All I feel is that he is not an honest man.

  4. #43
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    That's wonderful news, well done! You must be so relieved.

    So... you get your last 6 months rent back because they haven't done the maintenance? Did I get that right??
    May I ask what maintenance needed to be done?
    We've been waiting all year for some things to be done, even things that have now been done we waited a good 9 months for, would be interesting to see if here in NSW there's a similar retribution for the owners having not carried out the repairs..

  5. #44
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    Quote Originally Posted by InBetween View Post
    It would take three months to actually secure a property here. The rental market is shocking both for the skyrocketing rents asked and the poor standard of properties on offer. Also, I'll be giving birth in 3-4 months and the last thing I want to have to deal with while stretching my vagina is moving! Six months will allow me to get a breather and plan ahead as DH and I have decided to leave Brisbane altogether. It's turned into a horrible city and we're just sick of it. We see this latest thing as a sign to up and go.



    No, the landlord was saying the agent did not speak to him so he was saying he was unaware of why we ended up at the tribunal. The agent says he did. It's a case of he said she said. Either way, the question was put to the landlord whether a lease was in the offing (he had the right to say no) and the answer was yes. The back rental was for breach of contract in that their end of the bargain was not met in terms of undertaking much needed maintenance of the property which, although properly reported, was duly ignored. It also compensates us for expenses we have outlaid in maintaining said property.

    I don't know why the agent said he'd appeal. I've stopped wondering long ago what goes through that man's head. All I feel is that he is not an honest man.
    Yay!! Win! So glad you got such a great outcome!!!!! Im sure its a huge weight off your shoulders!!

    Well hopfully thats a lesson learned for both the agent and landlord for next time they screw up.

    Yay so happy for you

  6. #45
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    Great outcome for you!

    As a former Property Manager myself, I'd say your Agent didn't do their job properly, and then tried to cover their @rse. Good on you for fighting for your rights and WINNING!! Bad agents give us all a bad name. I should know, I took over from one and spent the first 6 months I was in the job doing all the regular work, plus updating the database, filing system, getting proper leases signed etc. All because the previous PM had a fairly lax attitude to the paperwork.

    But YAY for you. Now you can move when you are ready, and the PM might learn and lift their game

  7. #46
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    Quote Originally Posted by TinyLittleTootsies View Post
    You don't get given notice, your notice is the end of your contract ending, which you knew the date of when you signed and moved in a year ago. They only send out a renewal form if the owner wants to renew, otherwise it is expected that it is the end of your contract and you have made arrangments to move out.
    Actually this is wrong - this isn't a gym membership or something else non-essential - it's someone's home. It is not assumed, by law or otherwise, that when a lease expires you'll be vacating on that date, see ya later. I can't imagine the hoo ha landlords would cause if everyone simply left without a word on the day their lease expired - this is why there are suitable notice periods in place from both parties, so that there aren't people turfed out onto the street with 1 days notice and nowhere else to go. Every lease I've had that has expired has either been renewed or has gone onto a rolling agreement. When we were asked to vacate our previous property we were given 60 days to do so - which was the minimum legal notice period.

    Please note - I'm not saying that from time to time things don't differ from the norm, or the law. But in all my experience as a renter, and everyone I know who has rented, there is a reasonable expectation of a notice period in which to vacate a property, or the assumption is that one will continue to reside there.

    ETA - Just read your success!! Excellent news, what a win for us little guys!!
    Last edited by becandabub; 04-11-2011 at 15:48.

  8. #47
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    That's AWESOME!! does this mean you basically get to live there for the next 6 months for free??

    And move to toowoomba, not far from bris, but a nice place to live

  9. #48
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    Quote Originally Posted by InBetween View Post
    Bubbygirl, I used to put up with excuses but since I had my child I am strangely non tolerant of the crappy excuses I get from agents

    Danielle, yes absolutely stressful with the prospect of trudging through a very busy market at Xmas, standing in the heat for all those compulsory inspections and having to run through the rigmarole of the application process....it was just too nightmarish to contemplate. True, the owner is entitled to not renew and to increase the rent but the increase must be justified. I've been saying that all along

    But boy, what a day! We were in there for what seemed like an eternity.

    The landlord pled ignorance, saying the agent had not spoken to him.
    Agent was chastised.
    Tribunal asked point blank whether a lease was being offered.
    Landlord said yes. The intention was for a year (NOT what the agent told us). We requested six months. This was accepted.

    Without boring you with a long story, the following are the outcomes made by the tribunal.

    - maintenance issues must be tended to by 14Dec11;
    - renewal of lease for six months;
    - no rental increase for that lease permitted for breach of contract;
    - periods of proper notice reiterated;
    - back rental payment of six months on account of maintenance issues (breach of contract);

    As you can imagine I am *BEAMING*
    We are happy with the 6 month lease as we intend to get out after I have my baby. We were just concerned about the Xmas period. At least we have time to plan now.

    Agent says he will appeal. But we know he can't. HA!

    So yeah, happy with the outcome.

    That's fantastic!
    In my experience -both as a renter and a property owner- there are an awful lot of 'cowboy' property managers who think they can just write their own laws and legislation and your PM seems to be leader of the pack!

    I am pleased to hear that your appeal was a success and you get a reimbursement for their slackness in repairs.

  10. #49
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    It is always difficult to tell who is the PITA, PM or landlord. We sold our house through the agent who now manages where we rent. They were great for selling our house- well we thought so. Then the two agents who did all the legwork on the sale split with the agency and started their own. Knowing one personally, we asked why and heard all about the issues with the agency.

    My girlfriend is renting her house out through them while her partner works on a big contract in another part of the state. She told the tenants the rental was for 12 months only, and they are fine with that. She asked for them to be sent notice regarding when the house would need to be vacant. A few days later, her next door neighbour at the property calls her to say the tenants want them to call them direct. They were given a notice to vacate asap, something she couldn't afford, and against her wishes. She called them and reassured them and then tried to call the agency. Two days later the agency hadn't returned any of her calls. She called me and asked if she could drive up and stay to sort it out. I said sure, but told her to wait, I would call them. I spoke to the manager who initially thought I was calling about my house. I told them if they did not call my friend today, her soliciter and her would be arriving in the morning. Finally they called her.

    In the last couple of days the owner of our rental called us. She is inspecting with the agent this week, but has had so many issues with them not putting the rent into her account, she wanted to know if we would rent privately through her. She intends to cancel her business with them after the inspection. She seems lovely and is very happy with the outside appearance of the property and our improvements. The agency has repeatedly told us that she is a "fruit loop", "nuts", "crazy" and "a real piece of work". I thought they were meant to be her representative??? Apart from that, they haven't told her that there is a an ongoing maintenance issue at the property with solar panels. We can live without solar hot water, it is now running on straight electricity, but after having a serviceman her 4 times, I would have assumed the owner would at least know. She didn't and will be getting them properly fixed now that she knows.

    So after that essay, what I am saying is, you never really know who the real problem is until everything plays out.

  11. #50
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    It is always difficult to tell who is the PITA, PM or landlord. We sold our house through the agent who now manages where we rent. They were great for selling our house- well we thought so. Then the two agents who did all the legwork on the sale split with the agency and started their own. Knowing one personally, we asked why and heard all about the issues with the agency.

    My girlfriend is renting her house out through them while her partner works on a big contract in another part of the state. She told the tenants the rental was for 12 months only, and they are fine with that. She asked for them to be sent notice regarding when the house would need to be vacant. A few days later, her next door neighbour at the property calls her to say the tenants want them to call them direct. They were given a notice to vacate asap, something she couldn't afford, and against her wishes. She called them and reassured them and then tried to call the agency. Two days later the agency hadn't returned any of her calls. She called me and asked if she could drive up and stay to sort it out. I said sure, but told her to wait, I would call them. I spoke to the manager who initially thought I was calling about my house. I told them if they did not call my friend today, her soliciter and her would be arriving in the morning. Finally they called her.

    In the last couple of days the owner of our rental called us. She is inspecting with the agent this week, but has had so many issues with them not putting the rent into her account, she wanted to know if we would rent privately through her. She intends to cancel her business with them after the inspection. She seems lovely and is very happy with the outside appearance of the property and our improvements. The agency has repeatedly told us that she is a "fruit loop", "nuts", "crazy" and "a real piece of work". I thought they were meant to be her representative??? Apart from that, they haven't told her that there is a an ongoing maintenance issue at the property with solar panels. We can live without solar hot water, it is now running on straight electricity, but after having a serviceman her 4 times, I would have assumed the owner would at least know. She didn't and will be getting them properly fixed now that she knows.

    So after that essay, what I am saying is, you never really know who the real problem is until everything plays out.


 

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