Thanks MM. We had a friend of ours who's a solicitor advise us on how to make a submission and we are just winging it. Normally, I'd just go oh well but as I'm almost six months pregnant my first thought is for my children, not me. And the prospect of trying to get another rental at Christmas...eek!
But part of me says it's a blessing in disguise as it's really put the wind up us to rally hard and get a deposit. I just find it disappointing that as tenants we have been exemplary and it still isn't enough.
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03-11-2011 16:15 #31
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03-11-2011 16:19 #32Member
- Join Date
- Sep 2011
- North QLD
Okay so the situation seems a little vague but rather unfair. Something has broken down somewhere and I would suggest the first port of call is finding what 'that' is.
Sure the agent could be just stuck in the middle of a landlords instructions and and a tenant that is not getting desired outcome or agent could be trying to cover their bot because they did not have the appropriate conversations at the appropriate time and now Shi*& is about to hit the fan.
You have lodged your compaint with the tribunal so that good but it would be better to have the matter solved prior and with less stress. If I were you I would call a meeting (landlord, agent and yourself) by conference call if need be. You want to find out what the landlord really wants. i.e. you out, temp lease, increase in rent etc. You also want to be able to state your case re rent increase etc, agent should help the two of you find a win win agreement if it exists.
I could be very wrong but my sneaking suspition is that the agent did not contact the landlord 2 months ago to remind him the lease was soon to expire and seek his/her instructions. If the agent had then he surely would have let you know that the landlord does not wish to renew and you would either be on your way out or would have renegotiated a deal. Unfortunately it could also said that it is your responsibilty to seek clarification from the agent about your lease renewal (do you have anything to support your contact and being told all okay for renewal?)
It may also be that the increase in rent is not suggested by the landlord but rather the agent suggesting that as a tool for him/her to use. I.e. when speaking to landlord they willing to pay x more to stay...
I think you need to work out who is pulling the strings and what the landlord really wants. Doing this as calmly and nicely as possible will give you the desired results (that does not mean lay down and take what they give it just means confidently seek clarification).
hope that helps
03-11-2011 16:29 #33If I were you I would call a meeting (landlord, agent and yourself) by conference call if need be. You want to find out what the landlord really wants. i.e. you out, temp lease, increase in rent etc. You also want to be able to state your case re rent increase etc, agent should help the two of you find a win win agreement if it exists.
The agent and the landlord will be required to respond to the complaint in writing so I will able to find out what was said/what happened etc.
I have written a letter to the trustee/s of the company that owns our house as a courtesy to advise them as to why we have taken the action we have so that we are not potentially misrepresented by the agent.
We have emails to support our contact with the agent prior to our call we received from him today to support the intention to renew. This has been attached to our submission.
Believe me, the last thing we want going into the Xmas season is a stoush but as I said earlier, we were backed into a corner and the only option we can see right at this moment is to come out fighting as opposed to lying down and taking it up the jaxie.
I hope that makes sense.
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03-11-2011 18:04 #34Caramelo
- Join Date
- Jul 2011
Its funny how when you do something the owners/agents dislike you have to fix it in a matter of days yet when you ask them to fix property they pull out every excuse in the book!!
I had to wait 2 months before i could even open my front door. And 4 months im still waiting on window repair. And so on and so on.
Im pretty sure majority of leases state tgat tgey have to keep up with maintence, just like we have to keep up with rent.
For most its all one sided - you cant pay rent cause you lost your job or something - you get evicted
Tgey cant make repairs because tgey are low on money - who cares.
Tge way i see it is if a tenant keeps up tgeir end of tge contract then so should the landlord/agent regardless of their finances!
I hope you get a good! Outcome!!! Lets us know how it goes
04-11-2011 07:03 #35
That's great you got a hearing, and so quickly!
Even if there's no "solution" exactly (as they're entitled to not renew, and to increase the rent when not in the middle of a contract period), at least you'll know where you stand with all of it.
It's so stressful when you don't know where you stand in regards to your home. I too have a baby on the way and although we intend on moving when bub is a few months old, there is a constant concern that because they won't give us a lease, the owners will want us out earlier than that.
(the house we rented when I was pg with DD sold when I was 39 weeks preg, had to move out 3 weeks after she was born, post- c/s - Not Fun )
Good luck, keep us posted on what comes from the tribunal hearing
04-11-2011 13:46 #36
I feel your pain we were told that we were safe in our lease and then when lease renewal time came around we came home to a for sale sign followed two weeks later a get out notice
04-11-2011 14:02 #37
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.
04-11-2011 14:10 #38
We have a fantastic RE atm, but IME the RE couldn't give a hoot about tenants. They are paid by the landlord and so they will usually support them.
7 days notice for no reason is against the tenancy agreement, plain and simple, as is the increase I think (not that they plan to increase but the notice they have given).
I share your frustration. I'm just so sick of everything being one sided as a tenant. Thy want their rent, they never fix anything. We do all the repairs on our house (we are model tenants) and I finally got a check 3 MONTHS later for buying materials rather than calling in a professional which we were more than in our right to do
If I were you, I'd be signing a 3 month lease, and 2 months in be searching for another property...
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?
Last edited by delirium; 04-11-2011 at 14:13.
04-11-2011 14:11 #39I feel your pain we were told that we were safe in our lease and then when lease renewal time came around we came home to a for sale sign followed two weeks later a get out notice
Our place is an investment property. It was bought by the company for the land value as the house will be knocked down when their development application is finally approved (it's been knocked back for a few years now apparently) so we've been just numbers and a dollar sign to them.
04-11-2011 14:21 #40Senior Member
- Join Date
- Apr 2011
Well done! What a brilliant outcome for you guys!
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