Previous real estate agent did mistake on rental ledger

Hi Everyone,

I was applying to rent a property and I got rejected with the reason as follows:

Unfortunately the owner of this property has decided to not move forward with your application due to your previous rental references. It was noted that there has been issues with rent payments and breach notices.

When I spoke with the Ray White, the property manager who I worked with was on annual leave. So, I talked with another property managers who filled our reference in absence of her. He told me that he just filled the dates and sent the ledger as reference. He also suggests that I may have some late payments in the ledger so he cannot do anything. He talked so rudely and told me to stop arguing with him and I should have been good tenant and blah blah. I had the payment bank statement with me with all the payments on time. So, I asked for the ledger and when I check it, there was mistake clearly on description its written 02/05/2021 to 02/05/2021, so obviously for next week it looks I had paid late. In note they have written "8 days late" for 4 weeks until I don't know how they fixed it.

I have replied them with highlighting the mistakes but I have not got back from them.

I was just wondering how can I take legal action in this kind of situation, I am getting frustrated and depressed with this situation, just because of their small mistake I have to suffer. It's been very hard to find rent these days with bad rental reference.

Please suggest me.

 

Sounds like defamation to me. Get some legal advice.

 

I would include a cover letter with my application to explain that it appears there was an error on your ledger. Any good property manager should be able to see if there was an error. I would include the ledger with your application so they see it with the cover letter instead of later in a reference check.

In the meanwhile I would push the current PMs to write you an email to explain the ledger and you can include this also with your application.

Could you have paid less than a full week hence the paid to date didn't move forward? Feel free to msg me a copy of your ledger if you'd like another opinion.

 

Hi Mel,

Thank you so much for your reply. I really appreciate it.

I have also emailed you with the ledger at [email protected]

Thank you so much.

 

Ok I've analysed your ledger, it may help others so I'll post generally the issues I found - these are fairly common in a lot of ledgers:

• The bond wasn’t recorded properly initially and was only receipted to bond around April/May (this pushed you 1 day into arrears)
• Also around this time there was a rent increase of $5pw, however your payments continued at original rent, this means that you were partially paid but not up to a full week, hence there was payment where the dates didn’t move forward a full week.
• Where they have written ‘8 days late’ is actually incorrect since you are part paid, if anything you are only 2-3 days in arrears at any point. Their software system doesn't appear to show arrears, but they should not be hand writing anything - ask them to send you a clean copy.
• There are also incorrect receipts and reversals making it even more confusing.
• An experienced PM can interpret this, and see that you’ve been paying your rent regularly, but an inexperienced PM will take what they have written at face value.

Good luck, I think a cover letter would really help.

 

Thank you for the clarification.

But the part payment started from 04/06/2021 in the ledger, but I only got email by PM at 24/06/2021 that the rent has been increased. How can I pay extra when I don't even know that my rent has been increased. I am getting so frustrated, things are getting out od hands.

After getting email, I immediately paid bond and started paying increased rent. I dont know what to do now.

Thank you so much.

Kind regards

 

So they didn't issue you with proper notice of the increase or was it missed?

Once you have moved into the new property you might need to seek legal advice if the rent increase wasn't properly notified.

 

Don't rental increases have to be agreed and signed, before the increase date, by the renter?

 

Notice needs to be provided (its 60 days notice in NSW), by the email you sent, it says pay new rent 'immediately' so either they sent another notice or they've incorrectly given you no notice.

 

We haven't got any notice before that.

 

Big red flag in my book.

 

How does the notice looks like? I just got that email.

 

In NSW it looks like: Linky

 

I don't know about that in QLD, but I am 100% sure that I have signed anything like that. I got an email from PM, Thats it.

 

Qld info:

Rent increases | Residential Tenancies Authority

 

Did you pay the bond after moving in? That is most unusual.
Also the increase in rent was that soon after moving in as well?

 

Yes.

We started renting that unit form June 2020.

 

What a **** up by the PM!

 

I paid bond means increased bond, 5$pw rent has been increased so, 20$ increased bond.

 

Sounds to me like the rent increase wasn’t even valid. Wonder if you have a claim for the excess paid over the entire period….?