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  1. #1
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    Question Do you consider this a breach of agreement?

    We moved into the house we are currently renting in July last year.

    From the very start there were issues with the house & yard being filthy, there were random things floating around the the backyard, the house had not been cleaned and there were the previous tenant/owners belongings still in the house, the clothes line couldn't be used and the light in the laundry gave me an electric shock, We spoke to the property manager about this and he said he would speak to the owner and get all of the issues fixed.

    The property manager then got back to us and said we can clean up the yard ourselves and we would receive compensation, this never happened.

    We called a few days later to advise that the kitchen sink leaks, the back sliding door had locked itself and we were not given a key & the oven door just came off, the property manager advises he will speak to the owner and get back to us...

    We didn't hear back from the property manager so i called the office a few days later and spoke to the manager of the office, he said he would get onto it and get everything fixed... Once again no one got back to us.

    We ended up getting a plumber in to fix the sink and a few other issues.

    Now the hot water is leaking once again in the kitchen which leads to us having no hot water to shower with as the hot water system is tiny and also the cabinet under the sink is starting to rot because of the leaking water, the toilet is now also leaking and we have wood cockroaches everywhere because the house is falling down around us.

    We want to move and want to know if we can give only 14 days notice due to what we think is a breach of agreement.

    So, back to my original question, do you consider this to be a breach of agreement?

    Im a little worried to go this route as all of the contact in regards to repairs was done over the phone, none were reported in writing, will this be an issue?

    Thanks in advance!

  2. #2
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    I used to be a PM before having DS, and yes, they are serious breaches. Are all the things you mentioned in your post from when you moved in noted on the property condition report?

    Can you remember dates and names of who you spoke to? Write it all down and take it in to them and give them a timeframe to have things fixed. For the hot water, that should be immediately. It's an essential service and shouldn't be left like that.

    You can also breach the owner. If you look up your states tenancy board, there will be forms where you can list all complaints and the owner has 14 days to rectify. If they don't, the Judge can rule in your favour and break the lease.

    It's always tricky when reports are done verbally - your word against theirs. I always put any in in writing (email) and request a written response for our protection (we rent too).

    Your Agent may let you break the lease, but you could be up for big costs. Talk to them first and see what they say. Then if you get no joy, Breach the Owner. I think that is probably your best bet for getting out without having to pay a heap of costs.

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    I think it's definitely a breach. The locked door with a key is a fire safety hazzard in itself. Do you have a rental authority you can call eg qld has the RTA. Otherwise I would write a letter to them stating all of the above history, and a list of current problems needing to be fixed, and give them 10 days to rectify to your satisfaction or you will be terminating the contract. At least then you will have a written record that you told them about everything. Try and deal with them via emails only, or if you do make calls keep a diary and detailed notes. I always do this with real estates, regardless of whether you have had a problem or not as you just never know! Good luck!

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  6. #4
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    Quote Originally Posted by Californication View Post
    I used to be a PM before having DS, and yes, they are serious breaches. Are all the things you mentioned in your post from when you moved in noted on the property condition report?

    Can you remember dates and names of who you spoke to? Write it all down and take it in to them and give them a timeframe to have things fixed. For the hot water, that should be immediately. It's an essential service and shouldn't be left like that.

    You can also breach the owner. If you look up your states tenancy board, there will be forms where you can list all complaints and the owner has 14 days to rectify. If they don't, the Judge can rule in your favour and break the lease.

    It's always tricky when reports are done verbally - your word against theirs. I always put any in in writing (email) and request a written response for our protection (we rent too).

    Your Agent may let you break the lease, but you could be up for big costs. Talk to them first and see what they say. Then if you get no joy, Breach the Owner. I think that is probably your best bet for getting out without having to pay a heap of costs.

    Thank you for your response.

    Sorry i forgot to mention we are not breaking our lease, our lease expired Dec 23 & we are currently on a month to month agreement, we don't care to have the issues fixed now as we are moving out but i am just trying to figure out how much notice they are entitled to.

    We have also never had an inspection so couldn't bring up the breaches when they came as they never did!

    In regards to condition report, we didn't receive one and i spoke to the same two people on the phone but i don't remember dates unfortunately.

    I want to give our 2 weeks notice due to the breaches but i am worried they will try to fight it because the requests for repairs weren't in writing.
    Last edited by ~Lost In The Fifties~; 06-03-2012 at 14:20.

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    It should say on your old lease how much notice you need to give if you are on month to month after the lease runs out. I believe it is usually 2 weeks notice. The biggest concern I would have is not the notice, but the fact that you don't have a condition report! Did you take any photos before you moved in? Which state are you in?

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    Quote Originally Posted by Honeymoonbub View Post
    It should say on your old lease how much notice you need to give if you are on month to month after the lease runs out. I believe it is usually 2 weeks notice. The biggest concern I would have is not the notice, but the fact that you don't have a condition report! Did you take any photos before you moved in? Which state are you in?
    Yes, i took nearly 300 photos the day we got the keys, we are in nsw.

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    If will say on your old lease. Pretty sure 14 days is right.

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  12. #8
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    There is a tenants advice line in NSW. The number is 1800251101. That's great that you took photos...I was worried about that! If you can't find it in your old lease give them a call or google for tenants NSW and contact them. Both will give free advice.

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    In NSW, if there is no ground for breach and you are on month-to-month, I think it's 21 days notice.

    If there are grounds for breach (which I think there are in this case), 14 days notice.

    Do you have the dates of the phone calls to the RE and who you spoke to? Although written requests would have been better, you still have that information if they try to dispute it, though I don't know if they would for 1 weeks difference in notice?

    I think that the lack of written requests would be more an issue if you were trying to go through the tenancy tribunal to get compensation for the repairs that you have done yourself, or compensation for the time that the property wasn't habitable.

    http://www.tenants.org.au/publish/fa...eave/index.php

    Edited to change 18 to 14 days. Typo sorry!

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  16. #10
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    Quote Originally Posted by Honeymoonbub View Post
    There is a tenants advice line in NSW. The number is 1800251101. That's great that you took photos...I was worried about that! If you can't find it in your old lease give them a call or google for tenants NSW and contact them. Both will give free advice.
    Thank you for your response. I tried calling the tenants advice line but they were closed from 1pm-4pm so i thought i'd ask you lovely ladies.

    Quote Originally Posted by BubbleK View Post
    In NSW, if there is no ground for breach and you are on month-to-month, I think it's 21 days notice.

    If there are grounds for breach (which I think there are in this case), 14 days notice.

    Do you have the dates of the phone calls to the RE and who you spoke to? Although written requests would have been better, you still have that information if they try to dispute it, though I don't know if they would for 1 weeks difference in notice?

    I think that the lack of written requests would be more an issue if you were trying to go through the tenancy tribunal to get compensation for the repairs that you have done yourself, or compensation for the time that the property wasn't habitable.

    http://www.tenants.org.au/publish/fa...eave/index.php

    Edited to change 18 to 14 days. Typo sorry!

    Thank you for your response.

    We are not looking to claim anything, we just want to be out of this place as soon as possible.

    I know who i spoke to on the phone, don't know dates/times unfortunately.

    The RE has been absolutely useless and have had no contact/inspections.


 

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