Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

Fisher1

Advice on end of tenancy charges

Recommended Posts

Okay, so we decided to go to a rent tribunal. The problem is that you have to file under the appropriate category from a preset list. The categories for tenants include things like "rent rises" or "evict

ion notices". I cant find a category for ex-tenants who have settled up and are now being asked for more money. So we can't file. I cant get hold of the tenants advocate for advice (constantly engaged) and we are beginning to worry that if we dont pay up we'll be landed with legal fees should they sue and win.    We are thinking about paying the 900$ and immediately filing to recoup the money as "overpaid rent" - there is a category for that.

Comments/advice welcome!

 

Edited by Fisher1

103 visa application lodged February 2013. 143 visa application submitted January 2016. Police checks and form 80 submitted February 29th 2016. Visa granted April 4th 2016.

Share this post


Link to post
Share on other sites

They're unlikely to sue you.  What they will do is take you to the Tribunal. There is a category for a landlord to request compensation from a tenant.  

Has the agent said anything about sueing?

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

Share this post


Link to post
Share on other sites

No, but they have said that they have to represent their landlord, but are willing to discuss it with us. Their whole tone us njw totally conciliatory, but I  dont trust them.


103 visa application lodged February 2013. 143 visa application submitted January 2016. Police checks and form 80 submitted February 29th 2016. Visa granted April 4th 2016.

Share this post


Link to post
Share on other sites
4 hours ago, Fisher1 said:

No, but they have said that they have to represent their landlord, but are willing to discuss it with us. Their whole tone us njw totally conciliatory, but I  dont trust them.

Since the agent is not a lawyer, then they are talking about representing the landlord at the Tribunal.  


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

Share this post


Link to post
Share on other sites

So we dont even get to glare at the greedy woman at the tribunal?  How disappointing!

Thanks for the info. 

  • Like 1

103 visa application lodged February 2013. 143 visa application submitted January 2016. Police checks and form 80 submitted February 29th 2016. Visa granted April 4th 2016.

Share this post


Link to post
Share on other sites

No way should you pay anything over which you are not required to by a tribunal!  Make them do the running.  I would do nothing and wait for their next move.

  • Like 1

309/100 application submitted 19th Mar 2018, Police certificates added 22nd Mar 2018, E-medical uploaded 29th Mar

Kids Citizenship by descent submitted 9th Mar 2018, Granted 5th Apr 2018

Share this post


Link to post
Share on other sites
On 12/09/2018 at 20:10, Jon the Hat said:

No way should you pay anything over which you are not required to by a tribunal!  Make them do the running.  I would do nothing and wait for their next move.

Thank you Jon. Thats what we decided and we now have a hearing date. The agency are desperately innefficient .. they have miscalculated the account (again) and have submitted thewrong date for the start of our lease ... even though it says the date on the tenancy agreement!    New information from our daughter this week is that we e can apparently report the agency to the NSW trading standards for behaving inappropriately ... bring it on!!!

  • Like 1

103 visa application lodged February 2013. 143 visa application submitted January 2016. Police checks and form 80 submitted February 29th 2016. Visa granted April 4th 2016.

Share this post


Link to post
Share on other sites

Common sense would say that the agent is at fault for negotiation without landlord agreement. 

The landlord is entitled  to ask for what was signed up for. The agent appears not to have looked at the lease properly. 

The agent should admit it messed up and suck up the consequences and make sure you and the landlord get a fair deal. If they lose out and have to settle the fair enough it was their fault. 

Wonder if this will actually happen though. They should have done this anyway. 

Edited by rammygirl
  • Like 1

So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites
16 minutes ago, rammygirl said:

Common sense would say that the agent is at fault for negotiation without landlord agreement. 

The landlord is untitled to ask for what was signed up for. The agent appears not to have looked at the lease properly. 

The agent should admit it messed up and suck up the consequences and make sure you and the landlord get a fair deal. If they lose out and have to settle the fair enough it was their fault. 

Wonder if this will actually happen though. They should have done this anyway. 

Yes I agree entirely. Although I really don't see why the landlord should be able to make an extra profit on something which has cost them nothing ... especially since they have had all the associated costs paid by us.

I was a private landlord for 12 years and would have been thanking my ex-tenants if they had done as much for me - not trying to screw a bit of extra profit out of them!

Edited by Fisher1
  • Like 1

103 visa application lodged February 2013. 143 visa application submitted January 2016. Police checks and form 80 submitted February 29th 2016. Visa granted April 4th 2016.

Share this post


Link to post
Share on other sites

I thought it was either the lease break penalty or the ad fees plus rent. If they want the lease break then they should pay back the other fees. 

I agree the landlord is being pig headed but maybe they have had enough of the agents incompetence too.

The agent is at fault and should sort it out so no one but them loses out.

we have been both tenants and landlords and have had excellent agents. When we have used a void to do maintenance we have not expected the tenant to pay as the property wasn’t leasable for that time. Fair play.

Edited by rammygirl
  • Like 1

So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites

Re-reading your posts; did you actually break the lease?

From the OP, it looks like you merely informed the agent that you would not be renewing at the end of the lease and said if they found someone you would be agreeable to them breaking the lease. If this was the case you shouldn't actually be liable for the agents fees either.

  • Like 1

Share this post


Link to post
Share on other sites
34 minutes ago, welljock said:

Re-reading your posts; did you actually break the lease?

From the OP, it looks like you merely informed the agent that you would not be renewing at the end of the lease and said if they found someone you would be agreeable to them breaking the lease. If this was the case you shouldn't actually be liable for the agents fees either.

Thanks Welljock, got it in one. We thought it was fair to pay the associated costs because then it was mutually beneficial. This is why we are so furious - i used to hate it when a tenant moved out because you never quite knew how long it would take to find a new tenant ... we never gave notice of our intention to leave.

 

3 hours ago, rammygirl said:

I thought it was either the lease break penalty or the ad fees plus rent. If they want the lease break then they should pay back the other fees. 

I agree the landlord is being pig headed but maybe they have had enough of the agents incompetence too.

The agent is at fault and should sort it out so no one but them loses out.

we have been both tenants and landlords and have had excellent agents. When we have used a void to do maintenance we have not expected the tenant to pay as the property wasn’t leasable for that time. Fair play.

To be  fair the agent is billing us for the lbf minus the costs we have already paid.

Edited by Fisher1

103 visa application lodged February 2013. 143 visa application submitted January 2016. Police checks and form 80 submitted February 29th 2016. Visa granted April 4th 2016.

Share this post


Link to post
Share on other sites
1 hour ago, Fisher1 said:

Thanks Welljock, got it in one. We thought it was fair to pay the associated costs because then it was mutually beneficial. This is why we are so furious - i used to hate it when a tenant moved out because you never quite knew how long it would take to find a new tenant ... we never gave notice of our intention to leave.

 

To be  fair the agent is billing us for the lbf minus the costs we have already paid.

In which case you should now be telling them, as they terminated the lease you will not be paying the fees and you will be looking for the tribunal fee from them too, even if it's just to get them to drop the lbf.  

  • Like 3

Share this post


Link to post
Share on other sites
On 14/09/2018 at 16:23, welljock said:

In which case you should now be telling them, as they terminated the lease you will not be paying the fees and you will be looking for the tribunal fee from them too, even if it's just to get them to drop the lbf.  

Brilliant 🙂

  • Like 1

103 visa application lodged February 2013. 143 visa application submitted January 2016. Police checks and form 80 submitted February 29th 2016. Visa granted April 4th 2016.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×