HELP! Need some rental advice when there is no property manager
My landlord calls tonight and says we are going to put the rent up seeming prices around the area are going up and we have done some things to fix the place up (hmmm it took him 3 months to replace the oven that blew up and the stovetop that only had one element working and there is still a massive gap in the benchtop and above the oven as the old ones were much bigger). They also fixed up a leaking roof after our kitchen was flooded in a down pour because of poor workmanship- by him in the first place. They never replaced the mouldy curtains.The only other thing they have done to maintain is get termite peopleto come and sort out the termite problem. The wall they patched up still hasnt been painted. He often truns up announced and HAS to fix everything himself.
We have always tolerated this as we didnt want them to put up the rent (they have in the past a few times but we try not to bother them to much and fix all that we can ourselves for him). He knows this as well.
Now he wanted to come round tomorrow night to talk abut the rent increase and I said no and that I understood he needed to put the rent up but I would like some things done first. He then goes on to say that he was wanting to get us before Christmas as they will probably need to put it up again in the early new year and that way we arent hit all at once. Making it out like he is doing us a favour.
My question is, what rights do we have to have things like leaky washers, leaking toilet (that is constantly running day and night), holes in benchtop, etc, a screen door fixed (that he tried to fix before simply by putting a one way lock on the inside of the door- think the most basic push bolt that you might find on a childs toybox) and the door wont stay closed at all unless its put into the lock position.
Also what notice does he have to give to put rent up and does it have to be in writing?
Sorry I can't offer advice, all of my knowledge is in the New Zealand rental market, but I wish you all the best and remember you don't have to stay if things don't turn out the way you want...
In NSW they have to give you 60 days notice in writing.
I think they have to show their method clearly ie CPI, comparison with similar properties in the suburb.
Last edited by Phteven; November 24th, 2010 at 07:00 PM.
Rent increases have to be given in writing and 60days notice (including postage time so make sure you check the envelope to see what date it was posted...)
They can only put it up to market value and if you believe it's not market value you can talk to the rental tribunral. I'd maybe give them a call anyway and just see what they say.
I also think they can only do it so often as well, like every six months or so. I would definately get on to the tribunal for some independent advice, he sounds a bit dodgy.
What state are you in? We had help years ago from the Tenants Advisory Service, I am sure there is something similar in each state. Google 'Tenants Advisory Service' should give you a few good hits. The people we saw were very helpful, I think you really need to speak to someone to find out your rights.
thanks girls, I have been having major issues with my vodafone internet tonight and have only jsut managed to get the internet back online.
We are out of agreement. We have been here for over 4 years. We originally rented through a RE but they have had nothing to do with it except for finding tenants. Everything else is private. WE do have a proper tenancy agreement though.
Alibaby, it sounds very much like the situation we ended up in. Definitely get onto somebody to find out what your rights are.
I know that even with an unfixed agreement you still have rights, but I think some landlords aren't too sure either (ie this guy thinks he is doing you a favour by putting it up in 2 increments befpore & after Christmas - but I don't think he can Tenancy Laws in Australia
Here in QLD its 2 months notice on expired lease and re the maintenance if they are emergency repair we are allowed to get them fixed up to 2 weeks rent and the bill goes to the owner.
I would be calling your local tenancy authority because he is still bound by all the rules and regulations as a private landlord he is just saving himself money in no management fees.
Sorry till take my Property mangaer hat off now LOL
NSW , Out of a lease they have to give you 60 days in writing notice of a rent increase, and they cannot increase the rent by more than $30 a year and only one increase every 6 months....
So if he wants to put it up $15.00 now, then he needs to give you 60 days notice and then you start paying the extra rent. And then next year he can put it up $15.00 again but only with 60 more days notice.....
but no more than $30 a full year increase if that helps.
also the terms would be written on your lease.
The increase needs to be in writing.
I wouldn't tell him what he has to do, but rather insist they he do it all the right way as per your lease,
if you have a problem you can file with the Tenacy tribunal in NSW and they will sort it out for you
But until he gives you a letter and does the increase properly I would not pay an extra cent. ALSO they have to prove the rent should increase as per market value or properties in the area with the same amenities for rent for a higher price. if you think the rent increase is in fair you can say something, they can't just put up the nt to move with ' the times ' lol
Also ring your local Tenants Advocacy Service, They will give you free advice and even free representation at tribunnal if you need it, and I personally would be taking this to tribunnal - they would give him a swift kick up the rear quick smart. It is LL like your who give everyone else a bad name:If they are going to get into property investment, then they should learn the rules of the game, a LL has responsibilities to their tenant.
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HELP! Need some rental advice when there is no property manager
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