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Thread: tennant dispute with property manager...on what grounds can a lease be ended?

  1. #1

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    Default tennant dispute with property manager...on what grounds can a lease be ended?

    Without typing a novel here, we want to end our lease and take some issues to the VTAC
    Here is a brief outline of why, does anyone know what grounds we may have.

    Basically we are sick of our property mangers not doing their job for these reasons
    1. We signed the lease on the 24/11/2009. We did not recieve the condition report until the 6/12/2010 (its all dated and signed...24/11/2009 by them and 6/12/2009 by us) By the time we were given a copy we had already had to move in, which made filling it out very hard to do. I also believe they have to have it returned within a certain number of days. We called them and went in chasing it up and were told once it was posted already, then a few days later that we could come and pick it up)



    2. I've mentioned in another post issues about the booster antenna for the tv not working. After trying ourselves, getting many friends to look at it, and calling our property manager, who then called the oweners and no one could figure it out, we set it up the way the property manager advised us, which didnt work. In the end she called a tv man and they got it working. Six months later they tried to bill us for it, but never had mentioned this would be at our expense at any point in the prior 6 months. The proerty manager said it took 2 months to get to them, despite the copy they sent us being stamped and entered with a day within the week it was done, so proven to be a lie from her end.

    3. Had an inspection, no card, letter or any communication to tell us anything afterwards or to even prove they'd been. The house was spotless for this. 2 weeks later come home to whole house smelling like sewage, coming from the ensuite. To the point it was not possible to sleep in that room, let alone that end of the house. Call real estate who call plumber. Later try to bill us for this on the grounds that it was our fault cause we didnt clean the place enough. ASked how this is possible considering we had an inspection 2 weeks earlier and there wasnt a problem. Told that we obviously didn't put drain cleaner down the drains often enough (what the?)

    4. Work man calls my mobile asking if it is okay to come over and fix the door handle today. I ask what he is talking about and where he is from. Apparently ensuite door is loose and needs to be fixed. I tell him no as i know nothing about it. Call real estate and ask why we were not informed there was an issue. They blame the workman for not giving us 24 hours notice. I tell them that is their job to do, not the workmans job. I tell them when i recieve written notice that someone is to entre the property like we are meant to get, then i'll happily arrange a time to get it fixed. 2 months pass and no phone call or letter at all. Door handle is still loose

    5. Many emails back and forth between me and the property manager trying to sort out who owes the money from the TV and plumber. She gets catty with me and says "Land lord thinks you are at fault, you say its not your fault...what, do you expect my to pay it myself or something" She asked me to letr her know if we want to take it to VTAC so she can get the ball rolling, i reply with yes we would like to do that. Don't hear from her again

    6. Today, get a letter telling us the plumber bill is still outstanding and to pay immediatley. We have not had a single phone call from the propertly manager EVER except when we have called them. All of this has been ignored no matter how many times we call or email. Called again today and had to leave message, never got a call back.

    We pay $360 a week for this house and have been nothing but stuffed around since we moved in. Is this likely to be grounds to break a lease and find something with a different agent? We are SO sick of it

  2. #2

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    as far as i know you take it to court and provide all the evdience make sure you keep every email and letter anything that shows that they are lacking in their side.. none of this is your problem at all and ive been in this situation before and believe me we gave them a run for there money... speak to your real estate agents manager and also put in a complaint about the agent too stupid cow she is...
    you can walk away from it but there is no garauntee you will see a cent back from your bond unless the court rules it in your favor also give them heaps of notice so that they can get someone in there before you leave i mean as in signed to a lease so they dont tax ur bond as loss of rental income

  3. #3

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    Do not have any answers for you sorry. But have you checked out the Tenants Union of Victoria website? They have useful fact sheets and everything and they should tell you if you are liable for any of those bills and if you have grounds to break the lease.

    I have used their fact sheets before and had to call them regarding a house situation before and they were really helpful.

    Good luck.

  4. #4

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    Offences by landlords and agents

    Your landlord or agent have committed an offence if they do not provide you with the necessary documents at the start of your tenancy including:
    > a Statement of Rights and Duties (booklet from Consumer Affairs Victoria)
    > a signed copy of your tenancy agreement
    > 2 copies of a signed Condition Report (if you have paid a bond)
    > the landlord or agent’s full name, address, telephone and fax numbers
    > an emergency number for urgent repairs that can be used outside business hours
    > in the case of an agent, a statement as to whether or not they can authorise urgent repairs (and if so, the maximum cost they can authorise and their phone or fax number for urgent repairs)
    The Residential Tenancies Act 1997 sets out the rights and responsibilities of tenants and landlords in Victoria. If a landlord or their agent commits an offence under the Act, they can be prosecuted in the Magistrates’ Court by Consumer Affairs Victoria and if they are convicted they can be fined. However it’s up to you to make the complaint and ask Consumer Affairs to prosecute.
    Consumer Affairs Victoria’s Estate Agent Resolution Service (EARS) deals with complaints about real estate agents in Victoria. The service has been set up to help consumers, including tenants who are in dispute with an agent. You can contact EARS on ☎ 1300 737 030.
    Then call VTAC and organise taking these inept morons there yourself. There is no way they can charge you for the antenna fault. I had a Landlord try this on me before. We called to have the antenna repaired. Their tradesman of choice didnt seal the hole he put in the roof and water leaked in causing mould on the ceiling. She asserted because we asked for the antenna repair the mould problem was caused by us. She got ANOTHER tradie in to repair the roof and HE walked muddy footprints all over the carpet.. She then tried to charge us to clean them AGAIN! Obviously we took this to the tribunal and as the fault was an existing problem in the premises, we were not liable for any of her ridiculous extra charges.

    While you are there I would like to see them prove its your fault the ensuite plumbing went awry.

  5. #5

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    You definately have reason to break a lease.

    technically you arent even in one (the condition report is part of the lease and must be given to youat the exact same time..... Call the Tribunal or whatever its called in your state they will advise you on whatto do and send you the forms or jump online.

    If I have time I will look up the details (of the exact tenants code they are breaking later and post back

  6. #6

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    Thankyou all for your replies so far. Couldnt ring for advice today cause it closes at 4pm the website says. Will definatley call tomorrow. Does anyone know what kind of fine they are charged for not giving us the condition report immediately?
    Thanks

  7. #7

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    Australind, Western Australia
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    I really wanted to get out of a property I was renting (personal issues, and it was an awful house) but i didnt want to pay rent till they found somebody else. I stopped paying rent, but still put the rent money away. They eveicted me, and I payed the rent owed straight away. They couldnt black list me. Thats just a loop hole I managed to get thru in my own experience...

  8. #8

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    Thanks for the replies again I'd rather do this the proper way simply to prove a point to the rude people who cant do their job right.
    Cause I couldnt be bothered with the full details earlier, i didnt mention that it was actually the owner of the business's wife, and our property maangers superior who wrote all the emails and sent all the letters where we caught her out lying to us about when they got the invoices and getting all catty about who should pay it. We have had no communications with the property manager what so ever since we moved in except when we have called her for something

  9. #9

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    As for number 2. the land lord HAS to fix any problems with the property you can take it further if you are unhappy. you should be able to take it further.

    Number 3: unless proven that you caused the problem she cant bill you.


    4: ah id fix the door handle yaself....not worth it its a door handle. As for the workman the agent is suppose to call you to let you someone will be in contact with you to arrange a time.


    Id honestly be going further with it and id be asking if you can break you're lease

  10. #10

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    give, i think they are called consumers vic, a call, 1300 55 81 81, i just got of the phone to them, they are great, she will llet you know what rights you have and if it is grounds enough to terminate or not. if it is, they can also forward all the forms ect needed to get the ball rolling. good luck and all the best.

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