I have been here since April 2010 and in that time had 2 12 month leases, original one and then it took 4 months for a renewal with the increase in August 2011 and nothing since.
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20-09-2013 20:13 #11
20-09-2013 20:57 #12
I don't know if this applies or not, but our power company stuffed up and didn't send us power bills for 15 months. We had gas with them too so were still getting regular bills from them and didn't click for a while. They then sent us a bill for several thousand bucks (which by that time we were expecting!). The good thing was, the maximum they could charge us for was 9 months power! We're in Vic too, but it may be completely different for realestate. Worth checking though. There's also the residental tenants union (or something similar) who give free legal advice to tenants. They were helpful years ago when our realestate wouldn't fix things that became much worse because of not being repaired. I wonder how they figured it out after all this time, maybe the landlord just checked his accounts? Maybe you could work out a deal where they pay half (they've been taking a cut of the rent the whole time for providing a service) and you pay back what you owe at $5/week!! Good luck
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01-11-2013 00:49 #13
Thanks for all that had replied, I did read its just been crazy here and I need more advice.
On the 17th we went before Vcat, before walking in my real estate agent offered I accept to pay it off at the same rate it built up or we could go before the 'judge' and see what they have to say, I chose the judge, surely I wasn't 100% responsible.
Verdict was the judge found us both at fault and dismissed the case stating she couldn't put 100% responsibility on me and me be forced to pay. Se advised we have a sit down meeting and come to some sort of agreement.
That was a Thursday, come Tuesday, not a single attempt at communication on their behalf I receive a 14 days notice to vacate, I ask how it's possible when I was up to date and she advised me the total owing equaled 40 days and therefore I was in major arrears.
I rang Vcat who advised me to write a letter of demand stating a sit down meeting between all parties and that we come to some sort of agreement, otherwise wait for the warrant of possession and detest it.
We wrote the letter that night, my mum printed it Thursday morning but with that after in that afternoons mail I received the warrant of possession. Still nothing other than explain how she got the figure she had.
So now here I am facing court again this Thursday 8th, I plan to fight my case and believe I have ample evidence to prove I was paying extra but in late Jan 2012 I went into the office thinking I was around $1,000 behind only to be told I only owed $50 which I paid that same day. After that I always took their word as to what I owed etc, they had the computer, I simply kept transferring money.
My real estate agent is also aware of my depression, bipolar and anxiety so this treatment has caused me to revert so far back.
Considering the original increase was to cover the owners parents, who live 2 doors up, take care of the gardens. However they have never asked to enter my courtyard with roses etc, once pruned the tree from above (on the roof) while my small dog was underneath confined to the courtyard as they knew. They now even have the audacity to ask my partner to do parts so they can go enjoy the day! WTF! And I pay $20/week for this.
I'd put in nearly monthly complaints on this over the 2 years so she knows they have never abided by their responsibilities.
I just can't believe they can get away with this! Or think they can. Surely they have to accept some responsibility in all this. Now I face homelessness and a black mark against my name forever with renting.
01-11-2013 06:46 #14
Bump for the morning crowd.
Any advice would be great right now.
01-11-2013 09:03 #15
No advice but I think its cr@p that their stuff up costs you. I know if any of the property managers where I work did this they would be out the door! Surely the landlord would have noticed he was short when getting his payout statements! You did all you could by questioning them. If they dont respond to your request for a meeting I would turn up at the office and speak to the licensee or principle. They may not know the pm's stuffed up!
♥ me & he = ds 17/9/13 ♥
01-11-2013 09:25 #16
Also - I know it's difficult but when dealing with this try to separate it into a single issue and not cloud the argument (like your dog being in the courtyard when they were pruning a tree). It might help. I would also perhaps ask to deal only with the Principal of the company from now given it's broken down so far.
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01-11-2013 09:33 #17Senior Member
- Join Date
- Nov 2007
We recently received a call from our PM because we hadn't updated our regular payments to them - we were out by $10 per week. She informed us when we'd only fallen $80 behind because we were coming up occasionally on the arrears list - which is printed when people are something like 3 days behind. I think it's their responsibility to keep on top of this and inform you if you are even slightly behind.
01-11-2013 18:57 #18
It is a massive fail on this agency to allow you to get so far in arrears without notification.
me & he = ds 17/9/13 <3
04-11-2013 16:04 #19
The issue here is that for the 25 months they stuffed up I was paying as per what they told me, I too got calls, texts, emails, asking when the arrears would be paid, but only to the total of the $1651 as that's what their computer told them and stupid me believed them and their technology instead of confirming if the increase had taken place.
They still claim I signed the lease today I'd pay it therefore I'm liable.
04-11-2013 16:19 #20
What a terrible situation! Personally, I'd get in touch with your local tenancy advocacy service asap. I recently moved out of a property and somehow went from being in credit to $700 in rental arrears . The PM wouldn't return my phone calls or emails. I lodged an application with the tribunal about another issue but it got his attention. He ended up refunding me money.
They helped me breach my current RE for a breach of access too. They have the tenants interest at heart so are great to talk to and seek advice when you need itm
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