Landlord Doesn't Deliver

[Perp]

That's what I'm thinking. At the moment, I'm the one at a loss at someone else's fault. On top of that the landlord expects me to cover his 'Try' to provide me with Internet connection which was part of the agreement anyway. And find him a new tenant as if I'm the one who expressed the desire to break the contract.

It seems ridiculous to me, but I new to the country and still not sure if common sense can be applied here.

I believe you're in the right, but make sure you follow the correct process. The first step would be to serve a notice for breach of duty on the landlord, if you haven't done so already. If you're in Victoria, there's more here: http://www.consumer.vic.gov.au/housing-and-accommodation/renting/during-a-lease-or-residency/breach-of-rental-responsibilities

If you leave as a result of the landlord's breach, obviously you have no obligation to find a new tenant. But make sure you've given the landlord the opportunity to remedy in accordance with the notice etc., or it may be seen as a voluntary breaking of the lease on your part. (Unlikely if you have email trail or other documentation substantiating the length of time the landlord's been in breach, but just in case.)

 

[hobo-jo]

I new to the country and still not sure if common sense can be applied here.

Like Perp I think you'd have a case for breaking your contract.

You might like to confirm with http://www.consumer.vic.gov.au/contact-us/telephone or http://www.tuv.org.au/about/

 

[Stayer]

I'd suggest the tenant gets packing and find another place to rent but this time, get their own internet sorted.

Thanks for that. The question is - will he be able to pursue me legally for honoring Residential Tenancy Agreement which includes 6 months rent?

and what happens to the Bond money?

 

[The Fence]

Like Perp I think you'd have a case for breaking your contract.

You might like to confirm with http://www.consumer.vic.gov.au/contact-us/telephone or http://www.tuv.org.au/about/

Yeah, I agree.

Go through the processes and get justice.

 

[The Fence]

Thanks for that. The question is - will he be able to pursue me legally for honoring Residential Tenancy Agreement which includes 6 months rent?

and what happens to the Bond money?

No, go through the process of making sure you are not the one at fault, like Perp said. Painfull but this should enable you to escape.
Get the proper advice though, see your local consumer affairs body.

 

[neK]

After a lot of argument he bought me 5Gb of Optus 3g at a cost of $50 last Friday. I need this much each day so it's not exactly a solution.

5Gb a day?
You downloading movies or something as part of you job?

 

[Perp]

The question is - will he be able to pursue me legally for honoring Residential Tenancy Agreement which includes 6 months rent?

No. Provided you follow the process, you'd be breaking the agreement as a result of the landlord's breach, so there'd be no penalty to you.

and what happens to the Bond money?

Provided you haven't damaged the premises and have paid rent for the time you've been there, you are entitled to get it back.

 

[wylie]

Seems to me the easiest thing to do is just drill a hole through the wall and run an ethernet connection through, but if he can't/won't/doesn't want to do that, I believe that you have a right to terminate the lease without penalty.

This sounds like it would work. I am in a back bedroom with a core filled block wall that supports the upper storey and interferes with wifi from our moden/router. We bought an ethernet cable and drilled a hole in the floor to connect from lower level of the house to where I need it. In your case you could run it between the buildings maybe?

Edit: Just read further and see you have suggested this to him and he laughed. Perhaps once he realises that he isn't delivering what he has written in the lease, once he realises you are able to leave without penalty, he may reconsider this idea as a win/win for you both?

He sounds like a jerk though and not someone you will feel comfortable with as a landlord going forward.

 

[Sexyv40]

what was the daughter like?

 

[Stayer]

Thanks a lot for your responses, guys I will contact Consumer Affairs tomorrow for advice.

5Gb a day?
You downloading movies or something as part of you job?

I run YouTube channel. Uploading videos takes a lot of bandwidth.

 

[kathryn d]

Thanks a lot for your responses, guys I will contact Consumer Affairs tomorrow for advice.



I run YouTube channel. Uploading videos takes a lot of bandwidth.

I don't know the answer...just putting some thoughts out there.

Is the YouTube your work? (get paid for it)
Did the landlord know what you did with the internet, and how much you needed?

If this is your business...are you permitted to run a business from your home..it would seem that amount of internet may be considered excessive for a residential customer?

 

[wylie]

Is the YouTube your work? (get paid for it)
Did the landlord know what you did with the internet, and how much you needed?

If this is your business...are you permitted to run a business from your home..it would seem that amount of internet may be considered excessive for a residential customer?

I'm only guessing here, from reading the initial post, but I don't think the landlord was agreeing to be paying for the internet, but saying it is available for the tenant to connect to... but with a wifi situation mentioned in another post, maybe not...?

It would be good to hear what was actually offered and agreed to.

 

[D.T.]

I'm only guessing here, from reading the initial post, but I don't think the landlord was agreeing to be paying for the internet, but saying it is available for the tenant to connect to... but with a wifi situation mentioned in another post, maybe not...?

It would be good to hear what was actually offered and agreed to.

Yup agree with this. Also, the stated connection timeframe is standard / reasonable imho. I dont think you needing it more urgently than that would fly in a tribunal.

 

[perthguy]

Yup agree with this. Also, the stated connection timeframe is standard / reasonable imho. I dont think you needing it more urgently than that would fly in a tribunal.

It seems to me that time to connect is not the only issue. Also mentioned was:

* The landlord asking the tenant to pay an extra $30 per month.
* The landlord asking the tenant to cover his losses (TPG fees of $350).​

It seems like the landlord has offered something that could not be delivered and put that in writing in the contract. In my experience, uploads on wifi are very slow anyway, so its possible that the original solution would not have worked out even if the tenant could connect. This is not a great situation for the landlord or the tenant.

 

[Stayer]

I'm only guessing here, from reading the initial post, but I don't think the landlord was agreeing to be paying for the internet, but saying it is available for the tenant to connect to... but with a wifi situation mentioned in another post, maybe not...?

It would be good to hear what was actually offered and agreed to.

The landlord asked me what type of connection I had at my previous place - I said Unlimited. He offered to match that. The contract with TPG was also chosen to be Unlimited.

The problem came up when TPG stated that they keep 240 installation fee + 50% for every unused month of 6 months contract if the contract is broken. Roughly 350 damage to the landlords pocket.

The landlord says he got into the contract with TPG for me and I can understand that. I agreed to wait and even agreed to pay extra 30 pm for the connection (total cost is 59 per month). But the wait has become unacceptable to me.

Plus it doesn't make sense why I should care let alone pay for something that should be provided as per the contract rules in the first place.

If I mess up - I don't ask put extra charges on people to correct my mistakes. You don't run business like that. You cope up the costs and fix the mistake as quickly and easy on the other part as possible.

 

[Perp]

If this is your business...are you permitted to run a business from your home..it would seem that amount of internet may be considered excessive for a residential customer?

Home-based businesses that have no storage of goods and no customers visiting the premises don't need to be registered or need permission from either authorities or a landlord.

 

[westminster]

This is an ouch.

It would be interesting if his current wifi would even have been sufficient for you - he might not have enough on that anyway.

I would ring your Tenancy Advice Line in your state and they will be able to advise you of your rights and actions going forward.

BTW in cases of high internet needs like this and no phone line I have found the Vivid Wireless 4G wireless $80/mth plan to be best as it's unlimited. Most of the other have pitiful monthly allowances.

You could buy yourself one and ask for a rent reduction. You keep the plan in your name then you can take it with you if you ever move

 

[Oshawott]

You mentioned the old guy got tpg unlimited for you to use but to connect it must be thru wifi....is this statement correct?

Furthermore you mentioned reason you dont got internet is because signal cant get thru brick wall?

My guess is that
A. He got those wifi modems that came with tpg or worse using a g standard modem. You need the newer modem/routers at least N standard to have any hope of getting sigmal from a distance.

B. the problem is not no internet but rather signal not reaching you.

There are products out there that can expand the range of wifi signal

 

[Stayer]

Thanks, westminster I will look into that

You mentioned the old guy got tpg unlimited for you to use but to connect it must be thru wifi....is this statement correct?

New TPG he got specifically for me should be a normal ADSL connection.

Furthermore you mentioned reason you dont got internet is because signal cant get thru brick wall?

I think I understood the problem. The house never had conventional Internet connection because it doesn't have a telephone line and the landlord might just wanted me to use broadband wifi from another tenant.

Had he told me that in the beginning I wouldn't move it.