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    Legality of lease

    Surgery is needed: cut and paste. Grouping of like subject matter would greatly assist. When I first did cut and paste with proofs and the like it I used scissors and glue. Hint: do not glue copy to your screen.
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    Legality of lease

    Pinkboy, I can draw up a lease. The base information is there and just needs to sub-edited and rearranged. Not hard, just time-consuming, and freelance editing rates apply. Lil Skater, your advice is most helpful. Based on that it very much seems that the PM is making the mistakes. This...
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    Legality of lease

    I do not have a copy of the lease with me, but my recollection is that there is no such clause as you describe. I have endeavoured to resolve the matter, so far without success. I have advised the PM and REIV in writing. I was not prepared to sub-edit the first version as it appeared to be ten...
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    Legality of lease

    Perp, thanks, invalid is a much better word, but the lease may also be illegal. I don't know - I'm not a lawyer. I do know that I would rather not take the chance. Also, I'm quite uncomfortable with the present form, which requires significant amending.
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    Legality of lease

    My PM sent me another lease. It's better but not much - about 60 forms of words, grammar, spelling and punctuation need addressing. For example, Point 4 refers to "cleaniness". Spelling? Point 7.1 says ?The tenant shall not assign or sub ? let the whole or any part of the premises...
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    Legality of lease

    Kathryn, the thought that they may get rid of me is fine. The lease was renewed a month or so ago, the property is close enough, and I' hope to sell it after 30 June 2015. The REA has been advised of the sale and indicated that they can manage this. If they don't want to manage then I'll get...
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    Legality of lease

    Scott, thanks. I was wrong. I have mainly had leases of 12 months, so this is why I thought annual. Surely $3/lease could be built into the landlord-REA agreement. Many other things are. I'm not accusing the REA of anything. My comments to REIV detail my posts above and incorporate other's...
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    Legality of lease

    Lil Skater, amazingly, I cannot locate a REIV membership list and the REA concerned does not mention REIV. I've drafted a letter for REIV which I will send to the REA tomorrow. I'm quite unhappy about this matter. Paying $3/year is totally insignificant.
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    Legality of lease

    Perp, I'll give the REA the opportunity of commenting, then contact REIV. Theft is a very strong word that had occurred to me but I was reluctant to use. If theft is proven then there will be unhappiness at the REA. The maxim that I could not recall is that ignorance of the fact excuses...
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    Legality of lease

    All above, thanks. It seems a bit much that a document headed REIV has been chopped about, and badly at that. The REIV website advises that ?All forms are compliant with existing legislation and regulations and are updated when required.? This is not the case with the form that I have been asked...
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    Legality of lease

    Noted. I'm a sub-editor, so I'm allowed to make mistakes. I aspire to greater things, a higher standard of mistakes. If I was subbing the REIV agreement i'd want to see it again after corrections, perhaps twice. It's very badly arranged, quite horrible. One more mistake. Point 33 says RTA s...
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    Legality of lease

    At law, providing the words are reasonably clear, then there can be no real argument. I identified typos to illustrate sloppy drafting and editing. A lease is an important document, and due care commensurate with this importance should have been made. That this due care was not done says volumes...
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    Legality of lease

    Sir, that comment is actionable! It casts aspirations on my character, such as it is. I am prepared to settle for 2.5 weeks of rent. A good, well-designed legal document looks after the interest of all parties, and minimises dispute time. The lack of scholarship in the REIV document does not...
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    Legality of lease

    I've had a close look at the REIV contract and remain unimpressed. Set out below are keywords and the paragraphs that deal with these subjects. Some of the keywords are not quite right, but they are close enough. Some should be in two places as per the four point headings below. Bond: 1, 44, 45...
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    Legality of lease

    Thanks. I'm in the process of advising a number of agencies. The REA manager is stonewalling. After contacting Consumer Affairs and REIV I may get legal advice. Or I may write my own contract, or ask the agent to do this. There's a number of poor arrangements of information and typos. For...
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    Legality of lease

    Thanks for the above. It's the REIV form. I had hoped to avoid naming them. Item 43 of the Agreement refers to Section 452 of the Residential Tenancies Act 1997 and rental payments. S 452 of the Act deals with applications to VCAT. Item 60 refers to emails being deemed as being received...
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    Legality of lease

    Advice is sought about the legality of a lease. A manager recently signed tenants and used the standard lease form. There are irregularities in that references to Acts of parliament are incorrect (wrong name, wrong sections), some do not apply (such as maintaining the garden) and other more...
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