Take advantage of landlord's mistakes in rental agreement

Discussion in 'Legal Issues' started by htopg, 19th Oct, 2015.

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  1. wylie

    wylie Moderator Staff Member

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    Give the landlord or agent a statement that your ex-friend is aware it is a mistake and they can offer it to tribunal. I think the landlord will win this one anyway.
     
    Bayview likes this.
  2. EN710

    EN710 Well-Known Member

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    Can I have their contacts please? :D
     
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  3. larrylarry

    larrylarry Well-Known Member

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    The tribunal is not stupid. What's the comparable rental on that street (number of rooms, size etc)?
     
  4. Bayview

    Bayview Well-Known Member

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    And with any luck, they'll register him on the bad tenant data base for goodwill.
     
  5. htopg

    htopg Well-Known Member

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    I checked, comparable 3-bedroom houses are about $480~$550/week.
    $250/week can only get you a one-bedroom grannyflat.
     
  6. larrylarry

    larrylarry Well-Known Member

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    so why would LL rent out at 50% of the market rate? LL's rent record will be examined. Your friend will be seen to mislead if he takes it up with tribunal. LL will be okay.
     
    legallyblonde likes this.
  7. legallyblonde

    legallyblonde Well-Known Member

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    Like others have suggested... The bond was $2000 and the tenant was usually paying $500 a week.
     
  8. Lil Skater

    Lil Skater Well-Known Member

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    Tribunal is usually the tenants way, BUT typically members do not like smartass tenants.

    I've seen members quite literally yell at tenants, and so they should.

    Mistakes are made and typically common sense and previous history will prevail.

    Your friend deserves to be homeless with that sour attitude. I hate people like that, and I bet the poor owner has been nothing but nice and accomodating.

    Good luck to your ex-friend.
     
  9. D.T.

    D.T. Specialist Property Manager Business Member

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    It'll be funny when he can't get a reference for the next place he rents :)
     
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  10. wylie

    wylie Moderator Staff Member

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    Won't RPData listing show the amount per week that it was rented at? This will further back up what is (to me) a fairly open and shut case of a mistaken box ticked.
     
  11. thatbum

    thatbum Well-Known Member

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    There's some pretty optimistic opinions here on the landlord's chances of success. I'm not so confident.

    See https://en.wikipedia.org/wiki/Parol_evidence_rule

    From the sound of things, the mistake still forms a clear and unambiguous contract.

    Shrug, like I said, it could go either way.
     
    Ed Barton likes this.
  12. htopg

    htopg Well-Known Member

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    I know what you are trying to say.
    But after I read that article, my brain has exploded.... too many jargons.... :eek: "parol evidence", "extrinsic evidence", "partially integrated", "complete integration", "merger clauses", "rebuttable presumption"....
     
  13. larrylarry

    larrylarry Well-Known Member

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    Let's wait for the outcome ay? Keep us posted.
     
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  14. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The legal area of mistake in contracts is complex and well recognised by Courts. The tenant may struggle to have performance of $250pw enforced.
     
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  15. Stoffo

    Stoffo Well-Known Member

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    And the WINNER was ?????
    :rolleyes: