I’ve got a question for any rental agents or land lawyers that might beon this board. First I’ll give you the background. The property we currently rent has been listed for sale. The selling agent is from another agency. Our rental agent (who we have a good r'ship with) advised us of the listing. The selling agent put up a sign and then rang us about a week later to advise us and we eventually got a muddy looking copy in the mail.
This week, some four weeks after we were advised by the selling agent of the listing, the selling agent contacted me on Monday to demand an immediate inspection. I was not able to do that and suggested another day and time. He insisted the following day at 7.30am but I said that it was too early for me. He was quite pushy so I agreed to 9am. I advised him that I had to drop my child off at daycare and attend a medical appointment so that I needed to be out by 9.45am. He understood this.
He didn’t turn up. He didn’t advise me that he was delayed. I called him at 9.45am and told him I had to go and he then said he’d come at noon. I said I couldn’t do that as I would not be at home. I heard nothing further. He then contacted me today but I missed the call as I’d left the phone in mycar while at a festival with the kids. I had intended to return the call but being 4pm on a Saturday I figured that itwasn’t urgent so I’d do it when I got home.
At 6pm, the landlord and his wife came around in an unannounced visit. I was in my house jammies feeding my little one and there they are at my back door. The landlord proceeds to accuse me of barring access to the selling agent. When I attempted to say that I wasn’t doing any such thing and that I wasn’t aware that there was a problem, he interrupted me and said he’d just gotten off the phone to the selling agency and that he wanted this problem sorted out now.
I was starting to feel threatened by this stage and could see that the landlord wasn’t interested in fact finding, just saw me as the problem and wanted to fix me so I asked him and his wife to leave and that we would sort this misunderstanding out via the rental agent.
He refused to leave (his wife did look a little scared) and continued to argue and accuse. I then got angry and advised him that if he didn’t leave then I would be calling the Police.
At this point my DH comes home from work and the landlord then proceeds to completely wipe me and complain to him, calling me “girly” and “sweetheart” in a very condescending way. My DH chipped him on this and when I asked them to leave again, he escorted them from the property.
I admit I am really upset by this incident and I’m not sure what to do about it. I'm pregnant, I’ve been suffering from the flu all week and feel absolutely terrible health wise so myjudgement may be impaired a little but I don’t think I’m being unreasonable here.
What are our rights? I’m sure there’s been a breach or two of the tenancy agreement. I just feel like issuing a Notice to Vacate and just going which is entirely possible because we don’t have much. I also feel that we might be disadvantaged insome way come bond time.
Do I go the rental agent (whose client is our landlord) or the Tenancy Tribunal? Do I tell her everything or just speak with the TT?
We have been really good tenants, we pay our rent a month in advance, keep theplace spick and span and have never made any demands on the landlord. When lights needed fixing, we worked around the electrician so that he could have instant access. We certainly haven’t been barring access to the selling agent and we wouldn’t do that.
My DH and I would welcome any advice about what sort of action I can take to address this.
Thanks so much.
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27-07-2013 20:45 #1
Looking for real estate (rental) advice.
Last edited by happy wanderer; 27-07-2013 at 20:54. Reason: double posting
27-07-2013 20:57 #2Senior Member
- Join Date
- Nov 2011
I'm not a professional in this area but I would speak to the rental agent then go from there. If they turn up again call the police as they aren't allowed to do that and then call the TT.
27-07-2013 21:12 #3
I would speak to the rental agent first. But agree, if they comw back just call the police as it's a breach.
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27-07-2013 21:15 #4
speak to your PM ASAP!
The landlord has absolutely NO right to just rock up and then verbally attack you.
As for the selling agent, pretty sure they have to send you an entry notice. I think it only has to be 24hrs notice. You have the right to either stay or you can choose to not be home. If plans change you can either verbally agree to rearrange or a new time has to be set up, new entry notice.
Depending on how it goes with your PM calling a tenancy advocacy helpline may help. Hopefully your PM goes to bat for you!
*Please note I used to be a licensed PM in QLD but have not worked for a bit over 4 years so only going by memory
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27-07-2013 21:18 #5
Aargh..I've been through this same crap and it's horrible. I would get in touch with the tenancy advocacy service in your area. They can be a great help.
I would speak to the tenancy advocacy service or look up the relevant legislation. What they can do varies. Are you on a lease? Did they have a condition on the lease stating they could sell it? Otherwise you might be able to break the lease.
If everything is all legit on their part, the best you can do is set out in writing when they can do inspections. I would demand private inspections only. Also state that the agent will be held liable if anything is to be broken or go missing during inspections.
I would be breaching the owners for coming around without notice. You should be able to download the form 11 from the RTA site.
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27-07-2013 21:23 #6Senior Member
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- Mar 2011
Hi which state are you from?
I am a property manager in QLD. So my advice is only relevant for QLD.
The breach in this case is the owners coming to the property without notice which is normally a minimum of 24 hours (should be 7 days if it is for no reason).
I would contact your rental tenancy board first thing Monday and complete a breach notice. In QLD it is the RTA and a form 11.
Then call your property manager and get the sort this out with the owner. Make sure you tell them everything, write down everything that has happened including all the calls with the selling agent and send the property manager an email or something in writing with everything that has occurred and what is discussed with them on the phone.
You need to make sure you have notes of everything and keep a file in case you have to go to the tribunal. Or even just so they can see you know what your doing and you won't take that sort of abuse. You have a right to quiet enjoyment of the property.
It can be a headache but even though the property manager works for the owner they have to also work with you am ensure the tenancy agreement isn't breached by the owners as well.
It might just take the property manger to speak to the owner.
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27-07-2013 21:37 #7
Hi and thanks for responding.
I am in Queensland.
We are on a periodical lease as our 6 month lease expired last week.
I'm not sure if they had a right to list the property for sale.
I have kept notes, have all records on my phone of when I was called and texted. I also have evidence that the selling agent did not give us 24 hours notice nor any forms for the requested entry. He just expected me to drop everything and cater to his every whim.
Is there anything I can do via the RTA to make him give us 24 hours notice and to issue the appropriate notice for entry?
The landlords did not have a valid reason for attending.
We are pretty reasonable people and we feel we have been shat on. I'm just at the stage now that I feel we should bite back so as to let people know that their bully tactics won't be tolerated.
What will a Form 11 do?
27-07-2013 22:03 #8
I used to be a PM in NSW, so can't help with the legalities, but the property manager will likely be very sympathetic to you since the landlord didn't hire one of his/her co-workers for the sale. They will probably be quite helpful, especially if you have a good relationship with him/her.
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28-07-2013 06:20 #9Senior Member
- Join Date
- Mar 2011
A form 11 is just the formal notice you can give to state they breached the contract. It is a notice to remedy breach. This is what you give them to stop them from trying to gain access without proper notice. If they do it again you can give 7 days notice to leave.
Did the selling agent give you a form 10 - notice of intention to sell? If not that is another breach!
You do have to be reasonable in providing access which I think you have been. Obviously the owner overreacted and didn't know the full story.
Unfortunately because you are on a period lease, if the owner wants you out they only have to give 2 months notice without reason. But you can give 2 weeks notice without reason.
Definitely give the RTA a call Monday for their advice as well.
What a crappy situation! Definitely call the police if it happens again.
28-07-2013 07:23 #10
Wow! I'm not a professional but know for sure that a landlord canNOT just show up at the property unannounced! That's terrible! I'd be doing a form 11 or whatever it's called straight away!
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