Needing a bit of advice. I'm in nsw.
We moved into our new rental property just over 2 months ago. Due to the previous pm being really dishonest we are looking at breaking our lease.
Would the re be liable to pay our moving costs?
I don't really want to cause too much of a problem because we'd like to rent another property through them.
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21-08-2014 16:49 #1
Help with real estate
21-08-2014 17:17 #2
No they won't be, and you will have to pay a breaking lease fee, advertising fee and rent up until the property is leased again or your lease date ends. Unless they've somehow broken the lease agreement?
21-08-2014 17:22 #3
in what way was the PM dishonest?
a lot will depend on the exact misrepresentation ...
21-08-2014 17:50 #4
No - if the Real Estate Agent did anything illegal fair trading will step in and maybe issue a fine if they are found guilty but no it would be very hard to claim moving costs unless you were to take them court and the legal fees would be a lot more than moving fees - what did they do? Tenancy Tribunal may award you compensation like waiving the breaking of lease fee it was really bad?
21-08-2014 18:19 #5
The property was advertised with a garage. After we'd signed the lease and started moving in we realised that the owner has it FULL of stuff. There is no mention of this in our lease or condition report. When I discovered it I called the pm right away. She stated that it would only be for a few months. 2 months later she's now left and I have a new pm. The old pm is trying to say the property was advertised without the garage but that's not true. I know I'm well within my rights to break the lease without having to pay fees etc.
21-08-2014 18:34 #6
Normally if a home was advertised with a garage and you don't have access to it the tribunal will either reduce your rent by the amount a garage would be worth ( usually around $50) or they would ask the landlord to remove their stuff and give you the garage ASAP - on the condition report and lease is the garage mentioned at all? Do you have any correspondence in writing from the old pm - if you google your address you might find the old web listing as proof they advertised the garage ( if they advertised it on line ) and print that and ask for a meeting with the licensee of the office to work out a solution or apply to tribunal
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21-08-2014 18:52 #7
This depends on so many factors, but a start would be to get in touch with the real estate institute in your state. A lease gives you rights to a property to the exclusion of all others (aside from rights of entry and inspection as set out in the lease and/or relevant legislation), and so it will depend on what 'the property' is defined as being on the lease document itself and whether that encompasses the garage.
If the lessor is in breach of the lease then you may have grounds to terminate the lease, however whether they would then need to pay your relocation fees is something entirely different and I doubt this would be standard.
The lease document has more bearing on the situation than the advertisement itself to pursue a case through the tribunal directly. A case reliant on misrepresentation or misleading and deceptive conduct with regards to the advertisement is different and would be more costly to pursue.
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21-08-2014 19:05 #8
If your happy with the place but understandably upset regarding the garage issue I would be looking into getting the landlords stuff out before if be looking into breaking the lease personally.
As mentioned get all your evidence together, original advertisement, contract, condition report any written correspondence that the stuff will be removed and then maybe contact the re that you will take it to the tribunal within say 5 days unless the stuff is removed.
I think you would have a good case - I believe the onus will be on them to prove you knowingly rented it with the Garage unusable. It wouldn't be unreasonable for a tenant to believe the stuff would have been removed when they moved in even if they didn't ask.
21-08-2014 19:20 #9
Apparently the owners don't want to move it. It was the current pm who suggested that we break the lease. I do have an online advertisement that shows it includes a garage. I'm quite happy with how the new pm is handling things. If the old pm had of been honest we never would have moved in to begin with.
21-08-2014 20:29 #10
Put a letter in writing showing the ad mentioning the garage is included and that was one of the reasons you took the house - the last pm misled you and you would like to break the lease with no penalty or breaking of lease fee and that you give them 2 weeks notice
Hopefully if the new pm is on your side she will recommend the landlord accept it!
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