Real estate withdrawing lease once signed

hello hoping someone can give me some advise - I signed a 12 month lease through a real estate company here in Perth and am due to move in 5 days time. Yesterday the real estate agent called me and said the owner had changed their mind on having a dog at the property and was withdrawing my lease. I had signed the lease returned to them, I don't have a copy of the lease with their signatures as I was advised it would be in a Pack for me when I pick up the keys on Thursday. It had all been approved, I had paid the pet bond, bond and weeks in advance and given notice on where I am currently living who also has tenants moving in here in 5 days time. I have number pus emails saying congratulations on the property , stating move in date etc ...now I'm left with no house for me and my child and don't know what to do. Can they do this? Even tho they haven't given me a copy of the signed lease I returned to them but have numerous emails confirming can they just withdraw it and leave me in this situation cause they had a change of mind? Any urgent advise would be appreciated.

 

Book an urgent tribunal hearing asap. It sounds like you have the basis of contract and the owner/agent cannot renege.

 

If you signed there is a binding contract - if they have accepted. Had they signed at that point? If not you may still have a case if there is implied acceptance.

 

I signed and returned the documents following their emails advising congratulations happy to offer you this property on this date. I then spoke with the lady at lunch time yesterday who confirmed everything on my lease - discussed picking up keys, first payment rent date etc. so assuming they have signed their end following that discussion but I wouldn't get it till I picked up my keys and welcome pack. They have defiantly sent emails advising I am accepted and telling me to transfer funds, house has been removed from listing etc

 

Just reply to the agent ASAP saying that since the lease was signed, and you have made irreversible arrangements to move in, having given notice at your previous place etc. you require the contract to stand.

Be polite but firm.

With my IP, I don't even sign the lease - it’s taken care of by the agent on my behalf.

 

check with the tenancy authority in your state. but AFAIK, the landlord needs to give you at least 60days notice if he is terminating this lease.

(they probably found another tenant who is willing to pay more rent than you lol...)

 

You ABSOLUTELY have right to that property- the agreement is solidly implied even if you don't personally have a signed copy of that agreement, and I totally agree with the above points.

Advise the agent that you have made irreversible arrangements and apply for an urgent tribunal hearing. Also contact your local tenancy advocacy authority for further advice specific to WA, the tribunal should be able to put you in touch with the relevant organisation.

I suspect you will be told that you have the right to find alternative accommodation and that the agent/property owner of the new property will be found liable to compensate you for this.

This is particularly urgent because it's likely that if you stay where you are, you'll be putting another family through the same situation.

If the new property owner plays hardball, you may consider that the best option is to find another rental property quickly and seek compensation for the extra costs (storage costs, two sets of moving, STRESS, lost income, etc, etc) that they've caused you to incur.

If they do relent, that's going to be the easiest solution for you in the short term- but do you really want an incompetent agency and crazy landlord?

 

Thank you everyone. I seriously thought that surely this can not be fair. My carpets are getting cleaned at current house this Saturday so I have to be out Friday and with no where to go for my son my dog and I - I am stressed and full of anxiety right now. I don't even have any family here that I can use as a stepping stone so I'm in a pretty crap situation. Obviously win the weekend I can't get hold of anyone at the real estate but the receptionist who was far from helpful or sympathetic gave me the Managers email address so I have sent a firm but polite email stating I had signed the contract etc and to contact me on my mobile at her earliest coveniance. I guess I just have to wait till Monday now for a phone call back then have 5 days to sort something.

 

How do I book an urgent tribunal hearing? Google isn't being very helpful

 

Don't wait for a callback. You keep ringing on Monday Make sure you.do everything in your power to make contact, so if it does go to tribunal you can show you.made one hell of an effort to resolve this.

 

Try consumer affairs or fair trading in WA

 

And don't just ring, follow up with an email, whether not they answer the phone. This ensures you have a 'paper trail' to prove what you did..

 

No there is no 60 days to cancel a fixed term lease.

The lease is binding until the terms are fulfilled. You have the rights to the property.

They are in breach for restricting access. You have a right to be compensated.

 

This is a Break-Lease situation but have to say very unusual. We heard of Tenants breaking lease all the time but rarely Owners. Must qualify I’m not familiar with WA but this is common sesnse/Law.

Did they explicitly say the main/only reason is the dog? If time is of essence and you have no other choice, perhaps consider having someone to dog-sit for a while.....But then again, it’d leave a bitter taste in my mouth....

 

@thatbum is the local WA expert on tenant rights in this situation hopefully he can pop into the thread and give you some good advice to secure it.

 

Yes it seems that the landlord would be bound to the lease, and the agency probably knows it too - so a bit cheeky of them.

I would be hitting them up over email with some pretty strong words, as well as follow up calls on Monday. In the meantime, get legal advice from Tenancy WA - not Consumer Protection WA.

 

Thanks guys. I've sent an email to the GM of the real estate stating what's happened and requested to be called asap - I'll be on the phone calling them at 9 on the dot tomorrow morning. Fingers crossed this gets sorted. Thank you all for your help. Appreciated.

 

Landlords have no similar rights to break lease.

 

So the GM of the real estate I sent email to never returne my call Monday morning, instead sent me an email saying thanks for your email alysha but unfortunately If the owners don't want to continue with the lease there is nothing I can do - your funds will be refunded. 5 days to find a house with screw all available in the popular area ... winning!