Real estate withdrawing lease once signed

It was also interesting to discover that one of the leading Australian cases on this issue involved a tribunal paying compensation for the difference between a $325/week rental and a $650/week subsequent rental that had one extra bedroom.

There is significant leeway when a tenant needs to find a replacement tenancy on short notice I suppose.

Robberds v Heidtmann (Tenancy) [2005] NSWCTTT 317

Robberds v Heidtmann (Tenancy) [2005] NSWCTTT 317 (22 April 2005)

 

Well me too to be honest. I thought the REA/LL would take the option of just honouring the contract rather than risk the raft of potential costs in the alternative. I don't know if they have a replacement tenant lined up - I doubt it since the property has been re-advertised.

I'm not sure which property you were referring to when you were talking about "another tenant", but Alysha has tenants moving into her current residence very shortly and so staying put is not really an option for her.

 

Sounds like a rather terrible situation to be in @Alyshajay, sorry to hear, hope it works out in the long run.

Hats off to you @thatbum, excellent work!

 

The place that Alysha wanted to rent is still vacant. The place that she was living in and gave notice on has the new tenant moving in this weekend so she cannot stay where she currently is and needs to be out on time.

@thatbum thank you for taking on Alysha's case.

 

Just wonder what if Alsya remove the pets? Put it in a pets hotel or something? Would she still be allowed to stay?

What I’m getting at is, I wonder whether it’s personal? What I’m reading is the Owners do not want Alsya at all, and willing to face all costs......

 

Pretty expensive exercise for the agent!

 

Curious to see who would wear the costs in this case, landlord or agent? Echo other peoples thanks @thatbum for taking this on.

 

One question that springs to my mind is whether the owners had not allowed pets but the PM filled out the paperwork wrong and when the owners found out they wanted to stop the lease.
This seems a somewhat likely situation as it’s now re advertised with no pets allowed.

So maybe owners filled it out wrong or PM filled it out wrong.

 

No it doesn't seem to be the case. I can't give all the details, but the pet clause appears to have been specifically negotiated and approval gotten from the owner before the REA got back and cleared the lease for signing.

Landlord. I actually don't have any real reason to suspect the agency has actually done anything 'wrong' per se. From what I can tell, it probably would suit an agency to let the tenant have the place and collect their letting fee - rather than have to deal with me and all this.

 

@thatbum , any update (if you're allowed to provide)?

 

There's been an application to the court, but I haven't received notice of the first hearing date yet. Depending on when it is and a few other things, it might be able to be brought forward, but possibly not as well.

Unfortunately the delay in getting a hearing means its more likely that damages will be the remedy rather than specific performance.

 

Hope all is going well and that you get the costs awarded. good luck

 

Update: The matter is listed for tomorrow morning at Perth Magistrates Court for its first court date. Unfortunately its taken this long just to get that, and Alysha is now settled into a new comparable tenancy.

Its hard to say what will happen tomorrow, but the claim is now purely for damages. We may or may not be able to get orders tomorrow - lots of variables involved.

 

I may not know who you are or ever require your services but it truly warms my heart to know that people like you still exist in this world.

Nothing but the utmost respect for you thatbum. Thank you.

 

I have my fingers crossed for you both! Go get them!

 

So, it effectively settled for $3,000 yesterday. Took quite a few hours of mediation to get there.

Alysha's amended claim was worth just under $7k, comprising of nearly $3k in direct financial loss and $4k general damages. The settlement figure covers the actual financial loss at least.

As I suspected, there was no time to hear the matter on the day, so if there was no agreement, it would have been programmed for statements of claim and defence, and then trial probably 3 to 6 months away.

As I also suspected, nothing I heard from the REA or LL on the day made be think they had a real defence to the claim legally. But, that doesn't really matter now that its settled.

Importantly, Alysha herself was happy with the outcome.

 

@thatbum is a bit of a legend. Both on here and in real life.