Tenant looking for some advice

Discussion in 'Property Management' started by Emma Andrews, 21st Jul, 2015.

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  1. Emma Andrews

    Emma Andrews Member

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    Thanks Rhinsor this is what we believe too. We have advertised it ourselves on gumtree at $400pw for the past 5 weeks and no applications. We have now started at $390.
     
    Emma Andrews, 29th Jul, 2015
    #41
  2. Perp

    Perp Well-Known Member

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    I vote for option 2.
     
    Perp, 29th Jul, 2015
    #42
  3. Big Red

    Big Red Well-Known Member

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    Well in Vic you have VCAT to deal with these issues. You are in Perth. Worst comes to worse you have the authorities to argue it out and like others have said document everything.

    The landlord/ agent must do everything they can to get the property rented then seek compensation with you. I dont understand if you are offering compensation why they cant adjust. I have a feel they want someone on a 12 month lease and you only have 4 months left so it will be a catch 22 for the landlord given you are only offering compensation for 4 months.
     
    Big Red, 29th Jul, 2015
    #43
  4. wylie

    wylie Moderator Staff Member

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    I'm guessing they don't want to drop to the lower starting rent and slowly climb back up to what they were getting... but that is how it is and we've done the same thing recently when we dropped over $100 a week.

    Bottom line is they just are not listening to what the market is telling them.

    I also think you should stop paying rent. I believe you've done all you can. If they will not face reality, then let them take you to the tribunal and I believe you have done all you can do to mitigate their loss. Good luck.
     
    wylie, 29th Jul, 2015
    #44
  5. SeafordSunshine

    SeafordSunshine Well-Known Member

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    I respectfully disagree about not paying rent.
    The repercussions could be that it could affect your credit rating, Put the money aside in a special account, so that if worst comes to worst you can pay it.
    You certainly don't want a blot on your credit rating, you do sound like a responsible kind of person,
    I hope this helps,
     
    SeafordSunshine, 29th Jul, 2015
    #45
  6. rhinsor

    rhinsor Well-Known Member

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    Find out if you can take the PM to court to get the lease terminated and part rent refund as they are not mitigating their and your losses.
     
    rhinsor, 29th Jul, 2015
    #46
  7. Emma Andrews

    Emma Andrews Member

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    We asked the landlord to terminate early and considering it will cause loss to her we offered to forfeit our bond (nearly $2k) but she has rejected this. We felt guilty stopping the rent but now are left with the only option to do this. She is still refusing to lower to fair market value so can not see any other way..
     
    Emma Andrews, 30th Jul, 2015
    #47
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  8. thatbum

    thatbum Well-Known Member

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    You shouldn't really feel guilty - you've offered at least 2 proposals to resolve the matter reasonably and so the landlord had quite a few chances to act more reasonably.

    Plus, I understand your legal advice has been to stop paying rent as well.
     
    thatbum, 30th Jul, 2015
    #48
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  9. Emma Andrews

    Emma Andrews Member

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    Yes I know but can't help but feel some guilt. I agree though that they have had various chances to act more reasonably and have not taken one.

    In regards to the 'abandonment' route do we need to fill in forms etc or just stop paying rent/hand keys back?
     
    Emma Andrews, 30th Jul, 2015
    #49
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  10. WestOz

    WestOz Well-Known Member

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    I'm not aware there is such a form, prob just issue a letter advising, @thatbum could possibly clear that up for you.

    I just wanted to say if any legal crap occurs print this thread out and hand it to the magistrate.

    Well done again for your efforts and good luck
     
    WestOz, 30th Jul, 2015
    #50
  11. wylie

    wylie Moderator Staff Member

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    I have no idea if this would help but I'd write something along the lines of "These are the comparable rentals. Rents clearly have dropped and trying to find a tenant at the rate we signed for is way too high. I have offered to subsidise the lower rent which is market rate at this current time for the remainder of the lease, but this has been refused. I don't believe I can do more than offer to subsidise the remainder of the rent for the four months and believe a tenant could easily be found if the landlord would advertise at what is market rent instead of trying to rent it at the higher amount"... or words to that effect.

    Print out the comparable rentals to support your position, and keep a copy of everything, including a timeline of what you did, what you offered, and when, so that if it goes to tribunal you have shown that you have done all you can, and their refusal to accept that rents have dropped is the main cause for their loss, especially as you've shown you had offered to ensure they didn't make a loss for the remainder of the lease.

    Sorry for the long answer, but I'd ensure you make your case as strong as you possibly can, especially if someone at tribunal may read it and make a decision based on what they've done to minimise their loss (nothing).
     
    wylie, 30th Jul, 2015
    #51
  12. Blacky

    Blacky Well-Known Member

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    Emma
    Strongly recommend you drop by a lawyer and get them to prepare a one pager advising them formally of this. Someone knowledgeable in property law.
    It may cost a few hundred $$ but not doing so may come back to bite you later. It will also send a very clear notice to your landlord and the agent that you are serious.

    Nice to see some people take their responsibilities seriously. I hope it works out for you.

    Blacky
     
    Blacky, 30th Jul, 2015
    #52
  13. Ed Barton

    Ed Barton Well-Known Member

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    I'm not going to re read the whold thread, but from what I understand there is a good case for 'hardship' (at least under QLD rules). Do they apply in WA? Can you terminate the lease (without penalty) based on having to look after dying poor old aunty Betsy?
     
    Ed Barton, 31st Jul, 2015
    #53
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