Fisher1

30 minutes ago, tea4too said:

There are a number of conditions that both you and your mum would need to meet before Carer's Allowance would be payable. Eligibility is not based on National Insurance Contributions however you do need to have lived in the UK for two of the last three years. You also need to show that you  meet the Habitual Residence test. I've attached a link to the relevant page of the government website as it sets out the conditions of eligibility, but from the information posted it seems you would probably not qualify. T x

www.gov.uk/carers-allowance/eligibility

If you do go, make sure your mum gets all the allowances she is entitled to. My mum received an attendance allowance for a mumber of years before she died, because she was registered "low vision" There used to be two different rates depending on how much help uou needed - when mum got the full allowance I think it was about eighty pounds a week.  Good luck with your move, its a difficult decision to make.

1 hour ago, Bumblebee said:

yes I had another look - no break lease clause and just the fees as mentioned above. Really hoping that my kids passports come super quick and we can start looking from November. I think its a great little spot, nice unit in a sought after village near the train station, we're northern suburbs of Melbourne. I will do all I can to find someone too - I'll ask everyone!

good luck, hope you find someone quickly.

11 minutes ago, gafuk said:

Alan Collet is from Go matilda and he has given a great deal of advice on this forum. He acts as an agent and also tax advisor etc. I have found him to be a straight talker and he has given advice without touting for business. If some initial advice required email him via gomatilda if you can't find him on the forum. As an agent I am sure he would be efficient . 

Good Luck

 

I second that. I did my own visa but have used Alan for tax advice. 

On 27/08/2018 at 22:27, Bumblebee said:

Interesting, I cant see anything written in my lease thatblooks like a lease break fee rather than costs etc. But she did say the same things you did Fisher1, one weeks rent, advertising and the other small fee. I haveva friend in real estate, I'll ask her to also look at it for me.

 

Ozzie I'm starting to think I'll have to, but it'll still be mid Dec earliest tbay anyobe could move in...here's hoping! 

Yes our agent did quote the same sort f thing,  then backtracked after we had handed back the keys. I knew about the lease break fee (its clause 41 in your agreement) but thought that if the tenancy ends by mutual agreement and a new tenant has been found then it would not apply, which is why i believed the agent.  

We were advised that if the agent makes an agreement (and you can prove it) the landlord cant just over rule it because the agent was acting on their behalf. In the email agreeing costs the agent also said that the landlord was in agreement so I think thats what helped us most.

I think the lease break fee is a bit of a grey area ... in the past, tenants who had to leave early were charged rent until a new tenant was found or until the end of the lease. I read that the lease break fee  was supposed to protect the tenant by limiting ongoing rental charges to four weeks. Our lease contained the lease break clause but also contained a second clause about paying rent until a new tenant moved in. I thought it would be one ir the other but they seemed to want both! 

Our agency also questioned :- the day we left; the total number if days we had paid in advance and the day the new tenant moved in. Luckily I could prove my own dates and figures from emails and bank statements.

No matter how nice they seem, dont rely on anything that isnt written down!

11 minutes ago, Pertenhall said:

That would be fabulous.  Just need to get the house sold then and we're off!!

They took 24 weeks to reject our first AoS application!  They have moved quicker on the second one thanks goodness, probably because they messed up so much with the first.  Hopefully IMMI will continue the good work!

Fingers crossed you'll be over here soon. 

18 minutes ago, Marisawright said:

Okay.  But please, do read the lease and make sure the lease says the same thing.  Fisher1 got caught out recently because her agent told her that - but then, after they'd moved out, she discovered there was a penalty clause in the lease so the agent had got it wrong.

Good news today! We had sent a FB message to the boss of the agency via their facebook page, pointing out thwt we hwd been waiting patiently for a reply to our three requests for a breakdown of the figures cited in their recent invoice. We actually got a response, saying that he would hand our message to his property managers. 

We went to the agency office a planned and asked to speak to our agent. Incredible response ... Ushered into her office and very pleasantly she explained that she had been "looking at the options." Incredible. I told her that we had been advised that an agent represented the landlord and any agreement made by the agent could not be subsequently overuled by the landlord.

Well there was a bit more waffling and then we got down to the nitty gritty of her strange credit balances. Eventually we agreed to leave the figures  that I had taken along with her and she would call us.  They caved. Text this afternoon agreeing to charge one weeks rent, new lease fee and gst plus advertising. We are now getting a substantial refund on top of our bond.

IWe even got an apology. 

So bumblebee, keep everything, and get them to sign any agreement. Be prepared to get nasty if it all goes pear shaped and dont trust a word any of them say. Good luck!

6 hours ago, Marisawright said:

Breaking a lease over Xmas/New Year is no different to breaking a lease at any other time of year.   Once you've handed over the keys, you don't need to be in the country for anything.  I'm assuming you'll leave your Australian bank account open for a while to receive the bond refund.

There are a couple of hitches about moving at Xmas/New Year though. 

One is that real estate agents sometimes close for that first week in January so you won't be able to hand back the keys - and until they've got the keys back, they can't issue them to the new tenant. So check that - worst case scenario is you have to leave the keys with your friend and they hand them in once the office re-opens.

The other hitch is that because it's holiday time, when fewer people will want to move house, you may end up paying rent for longer.  It depends what your lease says. The usual clause says that you pay for the advertising, plus you have to go on paying rent until a new tenant is found. So for instance, you might give them notice that you'll vacate on 2nd January, but if the new tenant isn't ready to move in until the 25th, you'll have to go on paying rent until the 25th.

However, your lease may have a break clause instead, which says you have to pay a fixed penalty (usually 4 weeks' rent) if you want to break the lease. That penalty applies even if they find a new tenant to replace you early - but by the same token, you're not liable if the property lies empty for weeks after you leave.

If your lease has a fixed penalty, then I would just give them notice on 1st December that you're breaking the lease and that's that. Why should you put yourself out to allow them to do inspections etc at such a busy time, if it's of no benefit to you?

Check what your lease says about breaking the lease (don't rely on what the agent says - as @Fisher1 found, they don't always know what they're talking about).   

And make sure that if they do agree to anything, you get it in writing, preferably signed!

God, I hadnt realised you were still waiting Pertenhall ... I dont come on the visa thead often these days ... Sincerely hope you are asked for your second VAC soon ... Youve been waiting so long.

1 hour ago, Marisawright said:

Don't waste any more time.  File a case with the tribunal.  It's only going to cost you $12.

Thanks for the advice. We are going to have one last try to sort it amicably by going to the office tomorrow. If we dont get satisfaction then, we go to the rent tribunal.  I think weve got a good case ... I have a copy of the email promising that the cost would be one week's rent plus gst plus a 55$ fee for the cost of the new tenancy agreement. Then the email citing the lease break fee. Then the email agreeing that, yes, the first email was the scenario we had discussed and promising to recalculate. This one mentioned paying advertising costs for the first time. Next is an email asking if we could be out by a specific date, because there was a tenant waiting to move in. Finally a mail thanking us for leaving the property in so clean and tidy.  

I dont know what is the matter with these people! On thing I have learned from all this ... Get everything in writing and signed!!!

I'll post my progress on here in case it helps someone else.

On ‎21‎/‎08‎/‎2018 at 13:48, Toots said:

 I'd give the agent a couple more days then I would email AGAIN.  Have you mentioned you will be contacting the rent tribunal?  Funny how agents are all over you when you are buying or selling but when things get a bit hairy they are as slippery as eels.

I am even more furious with the rental agency than before. We sent the email again on August 20th, then, having still received no reply, we printed out the email and sent it in a registered letter to the agent at the office. I then rang NSW trading standards and asked for advice. They advised us to apply on line for our bond to be returned without waiting for the agency's signature, asap and this we did that same afternoon. The agency's silence continued until today, Sunday 26th, when my husband got a text informing him that his was in arrears with a payment of $756.09  

We are thinking that we will go into the office tomorrow and speak to them in person.  (We were away on holiday till last Tueday so couldn't go to the office, and when we first got home I didn't want to. I worry that it will degenerate into a slanging match …

Has anyone else experienced anything like this? I have never in my life had dealings with a firm who met my perfectly reasonable, polite request for an explanation of their figures with complete silenct .., if nothing else, it's so rude not to even acknowledge the letter!  

Rant over.

13 hours ago, Qflyer said:

Friendly bump...

Think I know the answer to my own question (which is to get an agent) but just wanted a sanity check...

There used to be an agent everyond recommended on here for people with complicated health backgroundsl, but I can't remember the name ... Anyone out there remember, George something? I was thinking you could have his contact details on speed dial, but wait a while to see how it goes with your dad.

I agree with Sadge that you should keep all medical notes, results of tests etc. While we were waiting my husband had a worrying development to his high blood pressure, which had been sorted by the time we got to the medicals so ee panicked for nothing! We also went to the medicals without the detailed results of a recent health check and had to email a copy of them when we got home ... more panic!

Hope it all goes well for you and your parents ... medicals are a big worry for many people I think, and with good reason. We always had a "plan B" in mind in case we were refused because of health issues. Good luck.

45 minutes ago, Kirsten77 said:

I was born in Australia 1977. I hold an Australian passport.

My father was born in Wales so i also hold a British passport. (British citizen by descent )

I have a child born 2012 in Australia who has an Australian passport.

I have always lived in Australia.

I want to move to England with my child for up to 5 years. He will be attending primary school.

What is the best way of doing this please?

Does my child need a visa/ a UK settlement visa/ register them as a Brittish citizen subject to Home Secretary approval/ register as a British national/points based system dependant etc etc???

I have spent soooo long on uk govt.sites and am so confused!

I have personally walked into the British consulate here in Perth and been told they dont deal with my situation and contact the UK.

Any help would be so so GREATLY APPRECIATED!!!

 

Seriously, the uk govt attitude to migrants is not helpful at the moment. I'll  do some googling and see if I can find out anything from friends in similar position.

2 hours ago, Toots said:

That makes me so mad for you.  I have a very low opinion of many landlords and the least said about estate agents the better.

I'm still struggling... trying to resolve the issue before approachong rent tribunal. Wrote to the agsnt on Aug 12th nicely asking for breakdown of her calculations re: credit balance of rent pId "in hand". We asked because she has offered two balances so far, both wrong, difference of $500 or so (in agencies favour, naturally)   

Response since then? Nothing. Re-sent email yesterday. How long should I wait?

On 12/08/2018 at 08:08, Eera said:

NSW Fair Trading refers a few times to the lease break fee being included in the lease agreement.  As far as I can make out, if it's not written into the tenancy agreement you signed, the landlord cannot simply opt for it to be paid.  
 

Unfortunately it was written into the lease. Our beef was that - when we asked the agent how much it would cost to end the tenancy IF a new tenant was found - she made no mention of it. She told us it would cost a weeks rent plus gst and advertising costs. Since we were only 7 weeks from the end of the lease when we moved out we would have "opted" to see it through rather than fork over a lot of undeserved compensation.  

The agent actually confirmed what she had said in an email and promised to recalculate costs on  that basis, then came back several days later saying we had to pay the break lease fee. The landlord has lost nothing - the new tenant moved in the day after we moved out.

Just goes to show - you need to count your fingers after you shake hands with some people!

3 hours ago, Toots said:

This is from the Independent newspaper June 2018.  It refers to England.  I don't know about Scotland and Wales. Is it correct or not?   OOPS!  This wasn't meant to quote you Gye grey sky.

Tens of thousands of families in England are being forced to wait for more than a decade to move into social housing, analysis has revealed for the first time, as the number of social homes dwindles to a record low.

More than 100,000 households have been stuck on council housing waiting lists for more than 10 years, as the declining number of homes sees families forced into poor and overcrowded temporary accommodation or paying “hideously unaffordable” rents.

 

New analysis of official figures shows that of the 1.15 million households currently on wait lists, at least 310,500 have been waiting to be moved into social homes for more than half a decade, with some waiting for as many as 18 years.

 

There are many families in the UK living in "temporary" b&b accommodation, sometimes for long periods of time. It isnt all a bed of roses over there but it seems to be worse here, certainly in some areas. I feel very sorry for anyone renting. Having rented myself on many occasions due to work related moves, I always feel less secure and more anxious about money as a tenant. The expense is a real drain on your income.

2 hours ago, justme said:

Hi All

Bit of a random one but I thought you lot would know. We’re moving over at the end of the year to NSW and starting to think about what we want to ship. Our bed is incredibly comfy but has a fleece topping on it. Stupid question maybe, but am I right in thinking this makes the bed warm as well as comfy? And, if so, presumably I wouldn’t be suitable in a warm climate? 

There are other household items that we’ve been needing to replace for a while but are unsure whether it’d be worthwhile doing so before we leave (if we’re paying for shipping anyway) or waiting until we’re there. I’d love to know if there are any things you’d definitely recommend bringing from the UK and what you’d wait to get in Australia. I saw someone mentioning calpol and bedding in a previous thread for example. 

We’re in the fortunate position of being able to stay with family for the first couple of months so no worries about immediate furniture purchases etc. 

Look forward to your comments  

 

We brought our bed, a couple of duvets, mattress cover and electric blanket because we had stayed in a holiday rental here in Winter and been frozen at night. It may not be that cold but many houses arent as well insulated as houses in the UK. We  came to nsw last August and have been so glad we brought the electric blanket! We brought the duvets because they are not  tog rated here.   In general we brought a skeleton house furnishing kit. 1bed, 1table 4 chairs 2 bedsidd cupboards etc ... Left the sofas (on their last legs). Lots of kit hen stuff left behind but I wish now that Id brought more with me. Its nice to have your own things.

2 hours ago, Merryweather said:

Hello Roomies,

 

Well, today is the day I thought would never arrive! This evening we fly to Sydney – on a one-way ticket!!

Three years of waiting and wondering and sending ‘test’ emails and gnashing teeth when the date has not moved. Then six months of anxiety. Nerve-wracking medicals, frustrating AoS palaver, sorting removal firms, packing, chucking, scrubbing (shoes and boots), paper work, resignations, and emotional farewells. 

Everyone asks if I’m excited - but at the minute I just feel numb and just a teeny bit apprehensive. But this is the bottom line:

I am moving from one comparatively rich and comfortable country to another - to be with my daughters!

How very, very lucky I am . . . . .

Good luck to you all! This will be you one day!

See you in Oz,

 M 

Know that feeling! Bon Voyage and Good Luck!

21 hours ago, Marisawright said:

So the agent confirmed it in an email?  Good.  You can say  "we negotiated an agreement in good faith with our landlord's representative, who we understood had authority to act on the landlord's behalf to vary the terms of our lease".  I think you'd have a chance at the tribunal.  Worth paying the $12 fee, I think.

Brilliant. I am currently waiting for her to calculate our credit balance properly. The agency insisted we always maintain two weeks “in hand” so when we handed back the keys on July 25th we were in credit by 25 days. She calculated the monetary value incorrectly (twice) so I have asked her for a breakdown of the figures ... thought it would keep her busy while we tried to sort out the lease break thing.  You are the second person today to tell me that the landlord cannot just override an agreement negotiated by the agent on their behalf so we are going to challenge her, and offer to go to a rent tribunal if we can’t agree. I have all her emails, so no probs supporting our version of events.

Thank you so much - I’ll post the end result on here when it’s all sorted out ... it might even help,someone else!

11 hours ago, Eera said:

NSW Fair Trading refers a few times to the lease break fee being included in the lease agreement.  As far as I can make out, if it's not written into the tenancy agreement you signed, the landlord cannot simply opt for it to be paid.  
 

Unfortunately it was written into the lease. Our beef was that - when we asked the agent how much it would cost to end the tenancy IF a new tenant was found - she made no mention of it. She told us it would cost a weeks rent plus gst and advertising costs. Since we were only 7 weeks from the end of the lease when we moved out we would have "opted" to see it through rather than fork over a lot of undeserved compensation.  

The agent actually confirmed what she had said in an email and promised to recalculate costs on  that basis, then came back several days later saying we had to pay the break lease fee. The landlord has lost nothing - the new tenant moved in the day after we moved out.

Just goes to show - you need to count your fingers after you shake hands with some people!

37 minutes ago, Marisawright said:

The lease break fee is a relatively new thing (yes, I know 2010 is a while ago now, but it took ages to catch on - and a lot of agents don't use it.  So there probably aren't a lot of cases like this to act as precedent. 

Good luck with the tenants union.

Thanks!

Thanks all. There have been three emails from the agent since we left. The first referres to the lease break fee for the first time. I wrote straight back and questioned it and have the agents reply, in which she acknowledged that "that was the scenario we discussed" and promised to recalculate the final settlement. Third enail she said our landlord had "opted" for the lease break fee!  To make matters more annoying the agents fugures are full of errors and the balance we "owe" has been different on all three mails. The bond remains unreleased. Ive looked at some tenancy advice and it seems to me the lease break thing is a grey area.    I willcontact the tenants union for further advice.  Grrrr!

Hi all

If anyone can advise I’d be grateful ...

We recently ended a one year tenancy in N.S.W. seven weeks early, with the consent of the landlord. The tenancy was due to end on September 17th.

We bought our own property in April and have been working on it, and were prepared to keep the rental on until the lease ended, but mentioned to the agent the fact that we would be leaving at the end of the tenancy and that if they could find a new tenant before then, it would be best for everyone, saving us rent and the landlord a void. 

The agent said that if they could find a replacement tenant it would cost us a week’s rent plus the agency’s costs.

A new tenant was found, and we agreed to move out six days before the next rental payment was due, to accommodate the new tenant, who moved in the following day. 

The agent now says that the landlord is claiming the lease break penalty of four weeks rent.  

The agent has made no mention of refunding the rent for the six days  following our departure.

So, two Questions:

1. Can the landlord claim the lease break fee when there has been no loss? 

2.Can we insist on a refund for the period following our early departure?

The money isn’t an issue, but we are absolutely fuming that we have acted in good faith and been landed with a huge bill. 

All constructive comments welcomed - we are thinking about going to a rent tribunal.

5 hours ago, BacktoDemocracy said:

Exactly, but my concern is how the attitudes of centuries ago are dressed up as some kind of academic theory to give them respectability when all it is is a continuation of prejudice based  on class and instinctively those being discriminated against have discerned it and have upended the apple cart( brexit) in the believe that it will change things for the better and change their world for them.

I think you're right. Ignore whole sections of society at your peril. What a mess.

18 hours ago, BacktoDemocracy said:

Nope, the biggest problem is the explosion in the population of over 65's living with multiple conditions and the collapse of aged care provision marooning the elderly in hospitals, all easily foreseeable but the govt are ideologically committed to cutting public expenditure, they are not bothered cutting the deficit, they simply do not believe the State should be involved in society, no difference there then from the 1700's. 

Which, in essence, brings us back to underfunding. 

4 hours ago, unzippy said:

We used PSS.

Initial quote for £3.5K for 661 cubic feet, sole use 20ft container.

Bill increased to £4K as there was another 200 cubic feet needed packing on the day.

Went with Letton Percival for insurance.  Good as gold when we needed to claim for a damaged couch.

I'd use them all again.

Yes we went with Letton Percival- very helpful and half the price of the insurance offered by pss