cormcvcr

Tenancy Rights Advice Needed

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    I am looking for information on anybody who can help with our current situation.

     

    We were in a rental property on what we thought a periodic lease as we had bought a home and land package. Unfortunately had to pull out of the purchase and felt we needed a change due to life changing events. We viewed another property, applied for it and were granted the lease. We did advise the agent of our previous rental that we were planning on moving and if we could put them down as a reference, to which they agreed and by all accounts from new agent, gave us a glowing reference.

     

    We gave 8 weeks verbal notice of moving out, they started advertising the property 4 weeks later??? On the day prior to our leaving were informed that we were in fact under a lease agreement which we were now breaking .... this obviously has had a huge impact on us, as we wouldn't have moved had we known.

     

    The rent has been increased, we have been told that they are having opens twice per week (which isn't true) and they have had applications in, only for them to pull out at the last minute .... meanwhile we are still paying rent.

     

    What are we supposed to do??

     

    OCBA have been contacted but we have to apply for our bond money and they have 10 days to object, then it goes to a tribunal. (this will be done this week).

     

    I have checked on other websites for information and have found that the rent should be advertised as the same (its more), they should be actively advertising the property (which I feel they failed since it was 4 weeks later they started, took it off the market as they had someone, even although no money had been exchanged and only went back on when I asked why it was taken off, they hadn't even informed the owners that the other people had pulled out).

     

    PLEASE HELP!!! This is financially crippling us not to mention mentally too!!:arghh:

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    http://www.ocba.sa.gov.au/tenancies/contact.html

     

    Try these people, they were great with advice when we had a problem with renting through Elders, hope you can get some help and it all works out OK.

     

    Hi Liz, thanks for replying I have already done that and they said to apply for our bond back through them and they will in return give the agent 10 days to stop our bond coming back to us. If they refund, great, if they don't it then goes to a tribunal. The agent has to prove that they have taken every reasonable step to get the property leased again and in turn we are liable for costs and rent if they succeed.

     

    I was just making sure there is nothing else we can currently do or if anyone on here had a similar experience (which obviously includes yourself with you saying you have rental problems too. We need to get closure on this property, which we spent a good few happy years in.

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    Guest Nick11

    For the agent to start advertising the house 4 weeks before you move out..is about standard practise.

    I was under the impression that the tennant is liable for the advertising fees if they vacate the property early . So you can dictate how much it is advertised.

    Personally I would get in contact with the owner as the agent might be playing you both off just for an easy life. We sacked our agent as we found out she was telling us one thing and the tenant another. Rental agents seem to pretty slack over here. IMO they get the money off the tenant..hold onto it for as long as they can...then give the owner about 80% of it..whilst pocketing the rest...for not doing much..in most cases!!!!! And if there is a problem..dont expect the rental agent to deal with it for at least a few months (unless there is something in it for them)

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    Have you checked your rental agreement for the terms of your tenancy? it seems a little odd that you thought you were on a periodic lease if you were actually on a fixed term lease.

     

    Document everything so that you can back yourself up legally. You shouldn't have to pay more than about 4 weeks of rent. If the property hasn't been re-let by then, there's a legal precedent that there must be something wrong with the house, or the rent's too high.

     

    http://www.ocba.sa.gov.au/tenancies/ This is website you should be consulting for regulations, and what to do if when you have tenancy problems.

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    We didn't realise we were still under contract, but we are. We had been on a periodic lease as we were going to build, but following a bad car accident and not being able to work since, we had to pull out. I had signed the lease in October last year, which was shortly after my accident not knowing what I was doing as I was on so many pain killers. We only found out that I had signed it when they showed us the form as we handed the keys in. We did not receive a copy of this lease either. I have no recollection of signing it.

     

    I have kept all the emails I have sent to the agent and their response too. That way it will help to back everything up if it goes to a tribunal.

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    Guest Roo1

    It might be as well that it goes to tribunal. If there is a shadow of doubt that the agency has done something wrong, then it will fall in your favour.

    Are both you and your husbands names on the tenancy agreement? Did you both sign or just one of you. If it was just you, thats the first cock up in your favour. Best of luck sweet. xx

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    We are having problems with our rental too, but they have agreed to let us leave and get our bond back! (only been here since Fri!) I will PM you some info that i have found out that may help.

     

    Bev

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    Thanks for posting the link to OCBA, we are looking for some advice after the home we are renting the owners have changed to goalposts on costs, dispite confirming everything before we arrived. Looks like they will try to keep our deposit.

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