By: mitchell.hardman
3/10/2009
10:54 pm Yahoo! Profile:
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We have been in our rental in Noble Park since July, signed a 6 month lease though found out this week that they want us out by the end of november by preference so they can sell the house...now we've had no written confirmation of this, also he hasn't given us legit notice..but we sorta want to leave anyway!
Anyway, we're going into Tenants Union, Fitzroy on monday and are seeking a payout to move early..and as such I'm wondering what sort of things we can request of him (the landlord) in componsation?
is it unreasonable for us to ask for
: $600 as payment for next house bond/inconvenicne of having to move before our lease runs out
: pay for ALL REMOVAL COSTS FOR OUR THINGS (USING A COMPANY OF OUR CHOICE)
I'm unsure of all the rules in this state, but from what TUV have said if he doesn't accept our offer he gets fined $2,000 and has to pay for things we want done too...theres repairs not done nor did we get the redbook from him..we got it this week cause consumer affairs sent it to us after I requested it during a complaint about all of this.
Please help, I want to know what we can and can't get from him before monday's meeting with the TUV.
thanks heaps everyone.
Mitch |
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By: saturday4th
4/10/2009
7:26 am Yahoo! Profile:
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http://www.consumer.vic.gov.au/CA256EB5000644CE/pa ge/Renting-Tenants-Rights+and+Obligations?OpenDocu ment&1=910-Renting~&2=10-Tenants~&3=80-Rights+and+ Obligations~
Start from here it's about tenants rights etc. Plenty of links |
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By: loopygiggles
4/10/2009
12:08 pm Yahoo! Profile:
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Hi Mitchell,
I had something similar happen to me. The house was sold and the new owners wanted vacant possession even though i was only half way through a 12 month lease.
I told the agent that it was quite an inconvenience to move so early. The new owners came back with an offer of bond and a months rent so i asked for a counter offer of bond, a months rent and moving costs. They agreed without issue.
The tenancy tribunal was not needed.
They are only there to mediate if you cannot find an amicable resolution.
So I suggest you speak with the agent and ask for what you want or even a bit higher to leave room for negotiation.
By law you do not have to move until your lease ends so it's in their best interests to compensate you as they too would want to avoid the tribunal.
Hope that helps. |
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By: loopygiggles
4/10/2009
12:10 pm Yahoo! Profile:
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| Oh and the agent and i had to agree on removal costs, I wasn't going to fleece them. It's always best not to burn your bridges as you never know when you will cross paths again. |
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By: mitchell.hardman
4/10/2009
7:29 pm Yahoo! Profile:
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The property we live in at the moment though is a private rental...no agent! so does this complicate things?? Also there are repairs that he knows need to be done that haven't been and some of them are just really minor things that bug us...are we able to use these as a bargining tool to get what we want?
like I said would it be unfair to ask him to pay us $600 compensation and our moving costs or is that fair game?
cheers,
Mitch |
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By: loopygiggles
5/10/2009
9:41 am Yahoo! Profile:
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If you are moving out than the repairs are moot. They won't benefit you so there is nothing you can do unless you plan on staying, then you can ask for them to be done. It's not unfair in the slightest to ask for the money if he is breaking the lease early. He would want you to pay out the rent for the remainder of the lease if you wanted to move.
But get everything in writing to him first, no phone calls. Then follow up with a call a day or so after he receives the letter and if you don't get a satisfactory response then go to the tribunal. They will tell you the same thing. As I said, they are there to mediate when a mutual agreement can't be reached. |
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By: ausgal953753
6/10/2009
4:21 pm Yahoo! Profile:
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The tenant has the right to look after the property and treat it with respect.
The tenant has the right to pay the rent on time and the full amount.
The tenant has the right to move out as per the terms of the lease or when the landlord and tenant agree. |
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By: cyndale1
8/10/2009
5:32 pm Yahoo! Profile:
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| The landlord cannot break a fixed lease (even if only 6 months), without private agreement from the tenant. It is illegal. Even when your six month lease ends, it automatically becomes a periodic lease, so he must give you 30 days written notice to end the lease. On the other hand, should you wish to leave early, it may be in your interessts to come to an agreement with the landlord, or approach the tribunal and request an early termination. There are a few reasons the tribunal will grant an early end to the fixed lease, one of these being 'hardship'. Anyway, essentially your biggest draw card in this is that the landlord cannot break the lease early (no tribunal will allow it, even to sell a property), so he NEEDS your agreement, and you can stand your ground and refuse unless he does this or that. Even if he decides to wait until your lease ends, he must give you 30 days notice. I'm sure making him aware of this may give you some leverage. Hope this helps. :) |
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By: bubyshka
20/10/2009
8:04 am Yahoo! Profile:
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THE Tenants has RIGHTS too!!!
To live in a decent CLEan property.
where the landlord SHOULD make sure the Ducted HEating is clean BEfore a new tenant moves IN.
NOT try to come ONto property IN disguise pretend to be Mainetance worker for property!!!!!
YOU know there are Flaman gooses everywhere???
ON both sides of the fences :( |
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By: monoman911
20/10/2009
1:14 pm |
Message deleted. Reason: Breach of terms of service |
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By: ausgal953753
21/10/2009
2:16 pm Yahoo! Profile:
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The tenants have the right to use the house rented as their own home.
provided they:
Pay the rent as agreed.
keep the premises clean
Do not damage he premises. |
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By: bubyshka
21/10/2009
8:55 pm Yahoo! Profile:
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WEll Tenants have rights too .
So if the wall starts leaking WATER and the Real estate agent dismisses the problem. NOt relating to the owner, then attacks the tenant trys to blame the tenant!!! For months the farce went on.......UNbelievable. AS a former home owner. This was Dealt with eventually...... PFFFt dork of an Owner. and Even when this situation went to Tribunal, along with the other problems of A the property in question. Errrr duh i was instructed to stop payment to him and pay my rent to tribunal until things changed ..... NOthing changed lol.......But he did sell up the property and changed real estate agents... LOL best thing to have happened eventually i was a happy vegitmite......HOW slack was that owner..... HE was such a scrooge, also taking adv antage of disabled tenants..........A turd i think u'd call that one!!!! |
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By: wizbeysmugfarter
22/10/2009
4:37 pm Yahoo! Profile:
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"The landlord owns the property.
So should be able to come over and tip you out if you make a mess!"
Not without notice they cant.
We got a newsletter from our agent and they listed some legal tips on it BUT conveniently left of the important stuff about NOTICE of intention that is required by law.
So, some unwitting people will assume what they read was gospel even though (just like the real thing) its missing a few pages and paragraphs |
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