So today I had to cancel seeing a friend today so I could clean my place up for an open inspection tomorrow for possible future tenants. I told her that our lease isnt up until the 17th nov. She told me that they legally couldnt force us to have open inspections until the last 14 days of our lease.
I called up consumer affairs Victoria to ask them advice on it and to double check that she was corret. Which she was. Our property manager was breaching secion 86 & 67 of the residential tenancy act. Which is distruption to quiet enjoyment of the phoperty by having open inspections through the house before the 14 days they legally are allowed to.
Anyway I sent our property manager an email letting her know that we would be refusing entry to our property until 14 days until the lease ends. Turns out she is away today and wont be back until monday. I told my partner I couldnt get a hold of her and he said I should ring and let them know thats what weve decided.
I called them up and the supervisor or directer (they didnt say their name) was a complete pig. I was polite, but assertive just informing them that thats whats happening and that I had sent an email. Thinking I was doing the respectful thing, not to be wasting their time tomorrow. Anyway, he was a complete pig, yelling at me, telling me that I had no right to do that as the lease says that they can have anyone through as soon as we let them know were moving (we gave more than 28 days notice), and that the 14 days notice doesnt mean anything.
He said that if we refuse entry that he will hold all our bond and we wont get any of it back. So after the phone convo I read up the lease and NOWHERE does it state that they are allowed to bring people through for tenants when they want as long as they give 24 hours notice. It only states that we have to allow them to put the house up "to let" advertising.
So now Im having to contact VCAT about it all, and worried we wont get our bond back. My friend is telling me to call him back and tell him that the lease doesnt state it anywhere & they we will be seeing them at VCAT.
I'm so stressed and upset, I hate confrontation & this is why I don't stand up for myself in situations like this.
Do I have a leg to stand on with my rights or should I be worried and just let them through to keep the peace?
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25-10-2013 13:16 #1
Needing Open Inspection advice & support :(
25-10-2013 13:34 #2
I would phone back and find out his name and email address and send him your request in writing. That way you have it all written down if you need to go to VCAT. In fact i would ask him to forward you some information regarding what he has said.
if you happen to speak with him again tell him to speak respectfully to you or not at all.
25-10-2013 13:38 #3
25-10-2013 14:09 #4
In email correspondence always put 'as pet our phone conversation on x day about (subject)', that way you've got proof of phone conversations and when they took place.
The 'man' you spoke to sounds like an a***hole!!! Please do not allow him to bully you.
I do not know VIC property laws so cannot comment on them, but if you've called the relevant authority and they've given you advice stick to it.
One thing, although I don't know VIC laws, I'm positive they cannot withhold your bond because you have evoked your rights as a tenant.
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25-10-2013 14:26 #5
Thanks, I called up CAV again and they also confirmed with me that they cannot hold bond against us and were disgusted in the persons attitude.
They also said that the person who I spoke to clearly doesnt know the Tennancy laws nor knows anyhting about leases as they hold no water against a the VIC tennancy residancy act.
25-10-2013 14:48 #6
I would see if there is a general email address for the real estate and email that, perhaps even forwarding the original email you sent. Tell them that as per advice from consumer affairs Victoria you will not be providing access tomorrow, regardless of advice you had received from their office which contradicts your legal rights. You will provide access within the 14 days as required by the residential tenancies act.
25-10-2013 14:55 #7
I agree with Green Cheese.
I think this guy thought he could get away with intimidating and bullying you. Nice try, jerk.
25-10-2013 14:58 #8-
- Join Date
- Jul 2010
How did the conversation end with the RE agent? Is he still planning on going ahead with the open inspection? Did you mention you'd spoken to VCAT?
I agree with Green Cheese's advice. Hopefully it all gets resolved by cob today
25-10-2013 15:01 #9
Not sure if it works the same as QLD and NSW, but in those states as soon as your lease is up, lodge the bond refund form. That way the RE will have to pay to take you tribunal if they want to make a claim against your bond.
Have you got in touch with your local tenancy advocacy service? They are great in situations like this. Their advice scored me a $300 refund upon vacating my last house.
I would keep all correspondence in writing that way you have a paper trail if you ever do end up in tribunal too.
It really sucks to be a renter in this day and age!
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25-10-2013 16:06 #10
Well the convo with the agent ended in him threatening to keep the bond from us if we refuse an open inspection. He was ignoring everything I ws trying to explain to him with info and evidence(from vcat & consumer affairs victoria) to back up my statements and was yelling over me. So in the end I told him if we couldnt come to an agreement I'd be contacting Vcat about the issue. So I ended up ringing up consumer affairs after the convo with him and called up vcat getting forms sent out to us to formally lodge complaints.
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