jkm10 Posted July 8, 2014 Share Posted July 8, 2014 Hi i recently moved back to UK after living in oz for 10month. I broke my lease early but somebody moved in the day after me. My bond was fully transferred to me, however i have asked for the extra one week of rent to be refunded since somebody moved in straight after me, however, i seem to be having a big fight with my rental agent to get this back, its been over 6weeks now and i am still waiting. The email they sent me this morning asks if i could wait a few more weeks. I have to pay advertising/letting fees from this rent and i also had a NAB rent card which I lost. However, my agent seems to be claiming that this rental card was $50 for a replacement. I think that seems a bit expensive and i am wondering if they are scamming me out of my money. Do you reckon i am within my rights to ask her to show me a receipt for this replacement card? Or has anybody had to buy a replacement NAB rent card and can tell me how much it was? Thanks jess Link to comment Share on other sites More sharing options...
buzzy--bee Posted July 8, 2014 Share Posted July 8, 2014 The extra one week of rent would be the charge the rental agent makes to the landlord to find a new tenant - it is a standard fee. Lease breakers would be expected to pay this. BB Link to comment Share on other sites More sharing options...
furkew Posted July 9, 2014 Share Posted July 9, 2014 As BB says, If you have broken lease, and its only costing 1 weeks rent extra, I don't think you have done too badly. Link to comment Share on other sites More sharing options...
jkm10 Posted July 9, 2014 Author Share Posted July 9, 2014 But even after the fees have been paid there is still money left over, surely this money shoul be mine since the tenant moved in the next day. The landlord was never out of pocket. Link to comment Share on other sites More sharing options...
jkm10 Posted July 9, 2014 Author Share Posted July 9, 2014 It is not really the fees that is the problem i know i have to pay them. It is the fact that they are claiming the replacement rental card costs $50. Link to comment Share on other sites More sharing options...
Sammy1 Posted July 9, 2014 Share Posted July 9, 2014 Wow, how did you manage to clean the house and have the carpets steamed if somebody moved in the day after you moved out? I have rented and have never managed that. To be honest, the money left is probably for the new letting fee and advertising costs. Anything else after that must be a very small amount. How much was your rent per week? By the time any small amount that is left is transferred to you (including transfer cost) and with the Oz/UK exchange rate, you will be lucky to have a few pounds left. Link to comment Share on other sites More sharing options...
buzzy--bee Posted July 9, 2014 Share Posted July 9, 2014 I struggle to understand why anyone would think they can break a legal contract and then not be disadvantaged financially. I'm sure the same people would be the first to complain if the landlord attempted to evict them mid-contract. It's a contract. Both parties should stick to it. BB Link to comment Share on other sites More sharing options...
jkm10 Posted July 9, 2014 Author Share Posted July 9, 2014 I wish people would read the post properly i am happy to pay the fees i know i have to pay them. I just want whatever money is left over. I paid thousands of dollars in rent, i then lost my job and continued to pay rent from my savings, when i couldnt find more work, my landlord/agent recieved 2 months notice that i was moving out, and even though the agent advertised on their website, the new tenant was actually found by me. I was the best tenant the landlord had ever had (landlords words not mine), i just dont see why they should recieve any more of my money than they have to. Im not just talking about $30 here its $150 that is my money. surely u would want ur $150 back. Sammy- i cleaned it myself, didnt have carpets, took me ages but it was spotless lol. Link to comment Share on other sites More sharing options...
Parley Posted July 9, 2014 Share Posted July 9, 2014 It is a very minor sum of money in the scheme of things. All the costs you have had in your move to and from Australia. I don't think it is work worrying about $50 or even $150. Realistically, you are not going to do anything about it other than have a whinge on here to try and make yourself feel better. Link to comment Share on other sites More sharing options...
buzzy--bee Posted July 9, 2014 Share Posted July 9, 2014 Mate, if it's only $150, just cut your losses and put it down to experience. I'm sorry for you that you lost your job, but I wouldn't be spending my energy chasing $150 you might never get, invest the same energy in finding a new job. BB Link to comment Share on other sites More sharing options...
jkm10 Posted July 9, 2014 Author Share Posted July 9, 2014 Thanks for the advice but I have no money so $150 is a lot of money to me, it is my money at the end of the day don't see why I shouldn't keep trying to get it back. Link to comment Share on other sites More sharing options...
jkm10 Posted July 9, 2014 Author Share Posted July 9, 2014 It is a very minor sum of money in the scheme of things. All the costs you have had in your move to and from Australia. I don't think it is work worrying about $50 or even $150. Realistically, you are not going to do anything about it other than have a whinge on here to try and make yourself feel better. i am going to do something about it lol I will keep harassing the agent til they get fed up and sort it out. Maybe If I had a job or I had loads money I wouldn't care about $150, but I don't have either of them things and with my best efforts it's hard to find work back home, I have been living of my savings since February when I lost my job so to me that's quite a bit of money. Link to comment Share on other sites More sharing options...
blossom Posted July 9, 2014 Share Posted July 9, 2014 Try contacting the rental tribunal in your state. IF you are entitled to any money back they are the ones who will be able to tell you. Link to comment Share on other sites More sharing options...
jkm10 Posted July 9, 2014 Author Share Posted July 9, 2014 Aaw thanks so much blossom, really appreciate this Link to comment Share on other sites More sharing options...
Tina2 Posted July 10, 2014 Share Posted July 10, 2014 Not sure what state your rental was in but this might help http://www.tenants.org.au/need-advice Link to comment Share on other sites More sharing options...
Quinkla Posted July 10, 2014 Share Posted July 10, 2014 It is the agent trying to keep the money, not your landlord. It's what agents do. The landlord may not even know about it. The agent will have worked out how much it would cost you to recover the money and will have tried to retain that amount of money using potentially spurious grounds. I was charged for leaving rubbish that was on the premises when I moved in, not mowing lawns despite being told that the landlord wanted control of gardening in order to put the house up for sale, and disposal of garden waste despite there being an empty green bin on site. I called the agent and they said they knew how much I earned, said I could go to VCAT but the cost of a half day off work would be slightly more than I was claiming. They said it was not personal and I should not dwell on it. Obviously I can't name the agents but I have wondered whether they might also make arrows. I have heard similar stories from other renters. As I said earlier, it's just what agents do. Link to comment Share on other sites More sharing options...
Chortlepuss Posted July 10, 2014 Share Posted July 10, 2014 I wish that $150 was the most that I've been screwed over for by an agent. Most don't have an honest bone in their body. Have a great agent now and so appreciative - will be sorry when the landlord wants to move back into our house. Renting in Australia (and probably most places) sucks. Link to comment Share on other sites More sharing options...
jkm10 Posted July 11, 2014 Author Share Posted July 11, 2014 Thanks everyone. Yeah agents are a pain, don't know how they get away with treating people like this. Link to comment Share on other sites More sharing options...
boganbear Posted July 11, 2014 Share Posted July 11, 2014 Agents in Australia can be nasty. You can try the tribunal but as you are back in the Uk, the agents dont give a toss so just put it down to experience. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 11, 2014 Share Posted July 11, 2014 Thanks everyone. Yeah agents are a pain, don't know how they get away with treating people like this. Treating people like what? You have broken a legal contract and are $150 out of pocket. Sounds like you fared really well to me. Get on with your life. Link to comment Share on other sites More sharing options...
Quinkla Posted July 12, 2014 Share Posted July 12, 2014 Treating people like what? You have broken a legal contract and are $150 out of pocket. Sounds like you fared really well to me. Get on with your life. Technically not. The contract was broken by mutual consent and the OP is arguing that the $150 represents rent for a period of time that the new tenant was paying rent on the same property. If that is the case, then the OP is entitled to feel aggrieved. But, as I and others have pointed out, complaining about rental agents ripping off tenants is like complaining about sharks having teeth. Link to comment Share on other sites More sharing options...
buzzy--bee Posted July 12, 2014 Share Posted July 12, 2014 Technically not. The contract was broken by mutual consent How is lease breaking mutual consent? Is the landlord evicting tenants also mutual consent? BB Link to comment Share on other sites More sharing options...
blossom Posted July 12, 2014 Share Posted July 12, 2014 How is lease breaking mutual consent? Is the landlord evicting tenants also mutual consent? BB Contracts have provisions for lease breaks. I have never seen one which didn't say you pay for the rent UNTIL someone else moves in. Link to comment Share on other sites More sharing options...
Quinkla Posted July 12, 2014 Share Posted July 12, 2014 How is lease breaking mutual consent? Is the landlord evicting tenants also mutual consent? Rental contracts have provisions for ending. A periodic lease - i.e. one that is for a fixed period of time, cannot be ended early by either party before the end of the term except by mutual consent or by specific provision of the appropriate tenancy law (which will have provision for premises being deemed unfit for habitation (e.g. burning down) or financial hardship in some States and Territories). The lease is likely to make provision for ending early by mutual consent where a new tenant is found. There will be charges for re-advertising and if no new tenant is found, the existing tenant will continue to be liable for the rent. But when a new tenant is found, it is unlawful for a landlord to charge both old and new tenants rent for the same period of time. Charges for finding a new tenant must be reasonable. It is mutual consent when a tenant wants to leave and a landlord or his agent wishes to make an agreement with a new tenant. The provisions for landlords to evict tenants are set out in residential tenancy legislation. Generally, a landlord cannot evict a tenant from a periodic tenancy unless there are breaches of the agreement by the tenant. If a tenancy has become ongoing at the end of a periodic tenancy then there are other ways for a landlord to give notice. Similarly, there are provisions for a tenant to walk away from a landlord in breach of a tenancy but it is nigh on impossible to actually do this. Lease breaking without mutual consent is where the tenant does a runner. In this case, the tenant will generally decide to forego any rent paid in advance (although runners are generally in rent arrears) and any deposit. However, a litigiously minded runner could claim back any portion of the rent and deposit that was not attributable to re-advertising, cleaning, repairs and vacant property. Link to comment Share on other sites More sharing options...
AJ Posted July 12, 2014 Share Posted July 12, 2014 What a lot of stressing out for about 80 quid! Even less because there will be charges from the bank for changing it from $ to GBP! Let it go. Link to comment Share on other sites More sharing options...
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