Get This!

I was just speaking to a lady who is in a rental. She was going on, and on, and on about just how bad her rental place is, and that the landlord won't spend any money on it. One of those people that once they start talking, they don't stop, & I didn't want to be rude, so just let her waffle on.

She has had the PM agree that the house is unliveable, and that the owner should spend some money, and apparently has had it agreed to that the house will get a full reno, but nothing is happening. She's had a rent increase, but got the PM to tell the Landlord that he has to be joking & that there won't be a rent rise.

So, she is now doing some work herself. She has bought a new stove and a vanity, and is now painting the place. She reckons that she will claim all the money back from the Landlord, but she's going to wait and hit him up in one lump sum.

She said that she has spoke to someone (it was either the tribunal, or a tenants advocate, I was zoning out by this stage) and that it was law that she could claim 75% of her rental costs back, due to the state of the property. I woke up, when she said that.

So.....she is under the impression that she can get 75% of her rent refunded to her, plus the costs of whatever she is doing to the house.:eek:

She has only been living there for two years, and doesn't want to have to move, because it will cost her a couple of grand to do it.
 
:eek:

1. was the confirmation of 'unlivable condition' is in writing?
2. was the reno promised in writing?

I think if the above two is yes, sounds like the landlord is likely to be screwed (but I'm no legal expert).

Unapproved changes on the property - landlord can ask tenant to change it back to original condition maybe? :p
 
:eek:

1. was the confirmation of 'unlivable condition' is in writing?
2. was the reno promised in writing?

I think if the above two is yes, sounds like the landlord is likely to be screwed (but I'm no legal expert).

Unapproved changes on the property - landlord can ask tenant to change it back to original condition maybe? :p
One of our units was deemed unlivable by the local Council...came about after a dispute with a prospective tenant over rent amount she agreed to...long story which I am happy to explain later for anyone interested (my Kalgoorlie reno story).

Basically; we could not rent the place until repairs were carried out.

AFAIK tenants cannot make any alterations to the property without LL's permission.
 
:eek:

was the reno promised in writing?

From the agents perspective, it does not have to be in writing for them to be in trouble. Misrepresentation is what the tenant believed to have been agreed upon and if nothing is shown otherwise she has a good case against the agency if not the owner.

The intention of an agent in relation to misrepresentation is not relevant under the Property, Stock and Business Agents Act 2002. What is relevant is the impression a client or customer might gain and whether this would be likely to mislead them.

Section 52 (1) of the Act states that it is an offence against the Act if in the course of performing functions as a licensee or registered person, another person is induced to enter into any contract or arrangement through:
- a statement, representation or promise which is false, misleading or deceptive (whether to the knowledge of the person or not) or by
-concealing a material fact (whether intended or not).

Misrepresentation can be about what is not said as well as what is said.
 
I don't know if any of the above is in writing or not. It appears that the PM is new to the agency, and didn't know the condition of the home. Once an inspection was done, she has become a bit of an advocate for the tenant. It sounded like any negotiations were verbal only, but I couldn't confirm this.

What struck me about all this is that she has only been there for two years. Did she not view the house before she agreed to rent it?

Apparently the walls are purple with the trim blue. No word was said on whether or not the walls needed painting, or the tenant just didn't like the colour. Now, I agree that purple & blue are not the most desirable colours to paint a home, but the tenant shouldn't just take it upon themselves to paint especially with no direction from the Landlord.
 
There's always one :rolleyes:

Evict for making alternations to property and / or getting behind in rent from paying less than asked.
 
I was just speaking to a lady who is in a rental. She was going on, and on, and on about just how bad her rental place is, and that the landlord won't spend any money on it. One of those people that once they start talking, they don't stop, & I didn't want to be rude, so just let her waffle on.

She has had the PM agree that the house is unliveable, and that the owner should spend some money, and apparently has had it agreed to that the house will get a full reno, but nothing is happening. She's had a rent increase, but got the PM to tell the Landlord that he has to be joking & that there won't be a rent rise.

So, she is now doing some work herself. She has bought a new stove and a vanity, and is now painting the place. She reckons that she will claim all the money back from the Landlord, but she's going to wait and hit him up in one lump sum.

She said that she has spoke to someone (it was either the tribunal, or a tenants advocate, I was zoning out by this stage) and that it was law that she could claim 75% of her rental costs back, due to the state of the property. I woke up, when she said that.

So.....she is under the impression that she can get 75% of her rent refunded to her, plus the costs of whatever she is doing to the house.:eek:

She has only been living there for two years, and doesn't want to have to move, because it will cost her a couple of grand to do it.

Thank goodness that the ladies idea of spending up is not a huge amount. Stove, vanity and some paint are not big ticket items and dare I say it if she is any kind of painter may even improve the place (I doubt it).

As far as getting back a % of rent I remember that there have been previous posts re this matter and the tenant was successful at the tribunal. (might have read it elsewhere).

Bottom line is - if she was my tenant she would have been out on her ear just for refusing the rental increase.

Cheers
 
Bottom line is - if she was my tenant she would have been out on her ear just for refusing the rental increase.

Cheers

Hehe, I know, hey?

I'm wondering if the Landlord will do this anyway, but wait a bit longer for her to 'improve' his house first.
 
There are laws that allow a tenant to claim a rent reduction or compensation for maintenance not being carried out quick enough.

I don't know about any laws where a tenant can renovate a house and live there for free - almost.
 
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