Real estate withdrawing lease once signed

Discussion in 'Property Management' started by Alyshajay, 4th Nov, 2017.

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  1. qak

    qak Well-Known Member

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    As mentioned above, you do have some rights. Contact Tenancy WA as per previous posters advice.
     
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  2. wylie

    wylie Moderator Staff Member

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    I'd be letting the manager of the agency know you have had advice and you will be calling the appropriate government department (or whoever you need to call) today. And do that.
     
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  3. Joynz

    Joynz Well-Known Member

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    Did you contact Tenancy WA yet - as per advice by other posters?
     
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  4. Alyshajay

    Alyshajay Member

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    Yes have already told them I would be seeking further advise. I had called tennancy WA and you have to make an appointment and pay $40 for legal advise so am booked for 1pm Thursday to chat to them
     
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  5. Joynz

    Joynz Well-Known Member

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    Bargain!
     
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  6. wylie

    wylie Moderator Staff Member

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    I'd be telling the agency you are seeing Tenancy WA, in case they decide to back down.
     
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  7. Alyshajay

    Alyshajay Member

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    My email sent Saturday was pretty to the point of my intentions should this not be able to be resolved. Given her simple reply of "nothing I can do" - I'm not too interested in having a back and forth discussion which clearly isn't going to end anywhere. I'll just wait till Thursday to find out what to do if anything. It does however really grate me cause if it was the other way round and I changed my mind bet yah that wouldn't be allowed. Time will tell.
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    @Alyshajay - Have they put the property back on the market? Get one of your friends to ring up about it.
     
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  9. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Thursday is about the day you were supposed to move isn't it?

    Have you found another place to go? My concern is that your current Real Estate needs your house vacant to place the new tenants. Is there any room to move there?
     
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  10. thatbum

    thatbum Well-Known Member

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    @Alyshajay if send me a private message with your contact details I will advise and act for you pro bono if you like.

    I used be a tenancy lawyer and taught half the staff at Tenancy WA at one point.
     
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  11. Alyshajay

    Alyshajay Member

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    They have re-listed the house on realestat.com.au and have now put no pets lol. I've been to look at 2 houses tonight which obviously I'm not overly fond of but for my sons schooling wise I have to stay in the zone and beggers can't be chooses right. I'll apply for both tonight as saturday is absolute deadline as new tenants moving into mine Sunday. @thatbum you are a legend, thank you I am clueless with this kind of stuff so any help I super appreciate!! Will message you my details.
     
  12. thatbum

    thatbum Well-Known Member

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    Ok I'm now acting on the matter. I can't really say much on here from now, but if Alysha consents in the future, I intend to give updates as the matter progresses past milestones or is concluded with.
     
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  13. wylie

    wylie Moderator Staff Member

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    That is awesome @thatbum

    I really hate to see people pushed around, and that comes partly from having been pushed around ourselves in the past and having (choosing) to give in rather than fight a long, drawn out legal battle (over a much higher figure though).

    Bullies are bullies, no matter the figure and I'm glad you are looking into this.
     
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  14. thatbum

    thatbum Well-Known Member

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    Yeah me too.

    I think that's partly why I'm still lawyering even though I never really wanted to be one (and I still don't!).
     
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  15. DaveM

    DaveM Well-Known Member

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    You just like the cheap suits and driving a beaten up suzuki baleno. Or is that better call saul?
     
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  16. Kangabanga

    Kangabanga Well-Known Member

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  17. Air_Bender

    Air_Bender Well-Known Member

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    @thatbum, how awesome are you?

    Hats off to you mate.
     
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  18. thatbum

    thatbum Well-Known Member

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    Update: I'm a bit surprised and disappointed.

    A few letters of demand later, we're now past the deadline I gave the REA/LL to comply with the lease - tenancy would have started tomorrow. Only had some weak responses so far.

    The LL is now very likely liable for a pretty big list of damages (as I outlined in my letters). Some highlights from the letters include:

    As such, my view is that the lessor will very shortly be liable for a significant sum of damages to CLIENT unless he provides access and vacant possession of the property at ADDRESS to her as per the terms of the tenancy agreement.

    My view is that these damages would include:

    - The cost of CLIENT paying for short term accommodation from 10 November 2017 until such time she can find another similar and suitable rental property;

    - The cost of CLIENT paying for removalists and storage of her bulky personal belongings and furniture until the above time;

    - Any other financial costs incurred by her as a result of the breach of agreement by the lessor;

    - General damages for the inconvenience and stress of having to make emergency accommodation arrangements on short notice; and

    - In the event that CLIENT finds a similar rental property that costs more than $280 per week – the difference in rent between the two rental properties until 8 November 2018, being when the dishonoured tenancy agreement would have ended.

    My view is also that these damages would be especially significant in the case where CLIENT is likely to have difficulty finding another comparable rental that suits both her dog and her SON's school zone location requirements.


    So an application to the Magistrates Court is likely to be next, plus a few other things I will need to work out with Alysha.
     
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  19. Excalibur1

    Excalibur1 Well-Known Member

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  20. wylie

    wylie Moderator Staff Member

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    @thatbum I'm curious to know what happens next?

    Without reading back through, I think @Alyshajay may have said another tenant is moving in at the weekend?

    If so, then this agent and/or landlord is in a pickle.

    If not, then surely the agent and landlord would simply allow @Alyshajay to move in as planned.

    Is it the case that they now have two separate lots of tenants, both wanting them to honour a lease for this house, both wanting to move in on the weekend?

    I hope they are in a lather of sweat and worry and will think next time about pulling a stunt like this.
     
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