Property manager changing inclusions after singing lease

Discussion in 'Property Management' started by Paws of Fury, 30th Jan, 2020.

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  1. Paws of Fury

    Paws of Fury Active Member

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    Hi,
    So we've decided to make a sea change and move interstate. And will be tenents for the first time in a long time !!
    Saw a property, liked it..was overpriced but signed the lease as it came with a few inclusions(white goods and solar). Their rental ad clearly mentions gas cooktop, dishwasher and big fridge included in writing.

    After signing the lease the agent changed the inclusions on us and said no fridge is included. I showed her the rental advert that clearly states the inclusions in plain english but she doesn't wanna hear it and keeps saying no fridge will be provided as there was none at the time of inspection. Well at the time of most tenancy inspection most things belong to tenants so it doesnt matter whats present and their own written advert with inclusions listed take precedence.

    Feel extremely annoyed as they change the inclusions 10 minutes after we signed the lease and taking us for a ride. With the interstate move there's too much on our plate to be entertaining this but their dodgey behaviour has us not wanting to deal with such a property manager.
    What would you do?
     
  2. Trainee

    Trainee Well-Known Member

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    Hold on. Was there a fridge inclusion on the lease you signed or not? If not, why did you sign it if you didnt agree with it?
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Terminate the lease. The agent owns this fridge and moves it into each property just for show.

    If there was on fridge at the time of inspection, did you query it?
     
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  4. Paws of Fury

    Paws of Fury Active Member

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    The lease is strange and a single page with names, address, rent and duration. Has no section for inclusions or even anything that specifies if the property is furnished or unfurnished. Followed by a few pages of usual conditions that say nothing about furnishings etc either.

    Nothing like our leases here in QLD that mention furnished/unfurnished/inclusions etc.

    The advert clearly mentions cooktop, dishwasher and fridge thats why we signed it. So very unexpected and nasty to be changing that 10 minutes after signing lease.
     
    Last edited: 30th Jan, 2020
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  5. Scott No Mates

    Scott No Mates Well-Known Member

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    Which state?

    All leases are meant to have a condition report which is to be signed by you. This lists the inclusions.

    You would also have been provided an information sheet for renters (mandatory in NSW).
     
  6. Paws of Fury

    Paws of Fury Active Member

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    Tassie. Single page sad lease with few pages of standard REIT conditions attached. Not there yet so no condition report provided so far.
    Just signed the lease and they removed the inclusions 10 minutes later.
     
  7. D.T.

    D.T. Specialist Property Manager Business Member

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    When you say removed them, removed them from what? Removed them from the lease or from the ad, or just emailed you about it?

    And are we talking about just the fridge or the other items too?
     
  8. significance

    significance Well-Known Member

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    Ask to be released from the contract. You haven't moved in yet and since you are clearly unhappy, they may see it as in their interests to avoid a potentially troublesome tenant.
     
  9. Paws of Fury

    Paws of Fury Active Member

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    Nope. Ad is still up stating fridge included but via email they said fridge not included and never was :S
    Yet they are still advertising the property online with fridge included in description!
     
  10. thatbum

    thatbum Well-Known Member

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    Was the email before or after you signed the lease?

    You haven't really said when exactly they sprung all this on you, relative to the signing of your lease. Which probably one of the single most important facts here.
     
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  11. Paws of Fury

    Paws of Fury Active Member

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    How am I a potentially troublesome tenant when they're the ones who are backing out on a clearly advertised written inclusion? Thats a troublesome property agent.

    The agent to hold their end of the deal and provide advertised written inclusions is a basic expectation. Our property managers who lease out our properties in Qld never do such dodgey things.
     
  12. significance

    significance Well-Known Member

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    I'm not saying you are at fault. I am saying that it might be in everyone's best interest to cancel the lease before it begins. You're upset and letting you back out would save them from having to deal with a tenant who is upset from the start.
     
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  13. Paws of Fury

    Paws of Fury Active Member

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    I signed the lease this morning and emailed it to them. They emailed a signed copy back to me immediately.
    Then 15 minutes later they informed me the fridge was not included when I enquired about gas connections etc at the property.
     
  14. Lindsay_W

    Lindsay_W Well-Known Member

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    Tough way to learn to read the lease and raise these queries before you sign anything.
    Your original post makes it sound like the agent changed the lease and removed the inclusions after you signed it, reality is you signed the lease without the inclusions on there in the first place.
     
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  15. Paws of Fury

    Paws of Fury Active Member

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    The lease has no section for inclusion or anything. Just names address rent and duration. Very DIY looking thing unlike comprehensive ones we have here in QLD. Very unexpected to have advertised inclusions removed. They might remove the cooktop and dishwasher next as those arent mentioned anywhere on the lease either!
     
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  16. Paws of Fury

    Paws of Fury Active Member

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    Usually I wouldnt be so annoyed but I flogged off our almost new fridge yesterday when we were approved and given the lease to sign because property was advertised with a fridge. I could've easily taken the fridge with our other items. Will be there in 2 days and fresh new start has been tainted a bit by the shady agent :(
     
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  17. Scott No Mates

    Scott No Mates Well-Known Member

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  18. thatbum

    thatbum Well-Known Member

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    Yes but the agent not expressly saying that the inclusions were not included, before the lease was signed, is prima facie misrepresentation.

    I see. That's pretty bad behaviour on behalf of the agent. It very well may be that you have a range of potential remedies available to you based on misrepresentation, and/or breach of contract terms.

    You should get some tenancy advice if you are able to. And also have a think about whether you want to seek rescission of the agreement, or compensation for the breach of terms instead.
     
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  19. Paws of Fury

    Paws of Fury Active Member

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    I see. That's pretty bad behaviour on behalf of the agent. It very well may be that you have a range of potential remedies available to you based on misrepresentation, and/or breach of contract terms.

    You should get some tenancy advice if you are able to. And also have a think about whether you want to seek rescission of the agreement, or compensation for the breach of terms instead.[/QUOTE]
    Thank you for your reply its very helpful :) I really admire how you always help people here with you sound advice!

    I feel the agent may have pulled a fast one on us as they know that we are relocating down with pets and a newborn in 2 days so would be reluctant to cancel the lease now. We just feel a bit cheated. If they could just include the fridge as advertised or subsidise the rent for us to buy one it would solve the problem.
    Saddest part is the agents attitude -no apologies but pure arrogance and dismissal. Not the best way to welcome a nice young family into your state.
     
  20. Dan Wood

    Dan Wood Well-Known Member

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    Save those screenshots of the listing in multiple places!

    Once you've settled in get some advice as suggested and talk to the principle at the agency, whoever is in charge will more than likely (hopefully) lose it as that behaviour is pretty disgusting.

    Then start threatening that you'll take them to tribunal if you get nowhere. This is becoming a standard threat nowadays for even minor things. The thing with this is, you'll be taking the landlord not them, which is fantastic as it's not the LLs fault but the agents..
     

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