Problem with owner

[arnaud01]

Hi everyone,
first of all I hope this is the right section for my post (should be)
I've had some recent problems with my owner and I want to be sure that I have a legal right to leave the house and get my bonds back

the situation :
I signed a 1 year contract (arrived in Perth just before uni started and had to find a place fast.. so I didnt think enough)
After some discussion she accepted to add "I could leave earlier upon agreement of both parties" .. she added this mention only on my copy
of the contract and we both signed it. (i still didnt want to sign it but she said she would be fair and she had been nice with me before by dropping me at a train station so i signed)

Now even if the place is old..and a bit dirty I can not really complain about living there.. BUT

-first the washing machine stopped working (well it did not work good for one month) she accepted it change it but we stayed at least 7 days without washing machine.
this was "ok" she seemed to have but unfortunate with the supplier..
-then we some problems happened with the gas heater..
first we had to light it up after every bath.. then it just stopped working
we told her almost right away.. (she was abroad at that time)
after like 2 weeks a plumber came in.. to say that the system was completely corroded and everything needed to be changed..
she didnt want to make any repair before she came back from her holidays

at the same time (one week before she came back) the fuze stopped working so we had no lights at home.. once again she was informed.. and she didnt do anything until she came back (we did not want to call an electrician not being sure that she would pay us back since she is really cheap on everything)

so to sum up that is
1 week without washing machine
3 weeks without hot water
1 week without lights
(the last two events happened while I was working for my exams so it really troubled me)

I think this is covered by
42. Owner’s responsibility for cleanliness and repairs
in the residential tenancy act

first question .. is it enough to allow me to leave this place
seeing how she reacted im scared that every problem that will happen - (and more will come this is a old house) will take so long

now there is another problem
I learned around 1 month ago that she encouraged one of my house mate
to bring in his daughter and his wife (he told me it should happen around october).
this is really a big problem for me.. first we would be 5 when she said that we were going to be 3 in the house.. and this is clearly not a house for 5 persons.
second I dont see myself at all being comfortable to study with a low age children in the house
I would never have signed had I known that this would happen..
I did not see anything in the tenancy act to cover this and the contract says nothing about the number of people.

I hope that something exists because I really dont want to stay in this place any further..

The notice time is 1 month and I was planning to give it tomorrow (end of exams .. didnt want to risk trouble before)

I would appreciate any help
Thanks for reading me.

 

[Doovalacky]

Have a read through here.
http://www.commerce.wa.gov.au/Consu...ing_and_tenancy/Tenants/Ending_a_tenancy.html

1 week with out lights and 3 weeks no hot water will probably be considered excessive. If you have documentation that can prove these time periods you probably be eligible for a part reimburse in rent for those weeks.

 

[arnaud01]

hi,
thank you for your answer.
I just read the link and it seems that my situation is indeed not worthy
of ending the tenancy...not quite what I expected

I dont really care about the reimbursement .. all I want is find a new nice place..

i am really screwed with this "1 year contract and the 'mutual agreement' clause.. because of course she will never accept.

if anyone got an idea about my second point (additional housemates when 3 was advertised) that would be much appreciated.

Thanks again.

Arnaud

 

[arnaud01]

hi again..
it seems that I made a mistake.. I am not a tenant but a lodger apparently..
sorry about this ..
I guess that this law doesnt apply to me .
http://www.commerce.wa.gov.au/Consu...and_tenancy/Tenants/Boarders_and_lodgers.html
I will try to phone here tomorrow.
Thanks again

 

[NBS]

Have you asked about getting an early release? or have you assumed landlord will not accept.

Are the other people on the lease I assume if you rented out the house its in your name only, so I cannot see how she could just allow others to move in. You said "my housemate" are these guests of yours at the house. Maybe the housemate is ad libbing a bit and landlord is not aware as yet of the new arrivals.

Brian

 

[Aulyna]

If you ask to leave, pay the ad fee and rent till new tenant found, your landlord should agree.

 

[Amadio]

If you are a lodger - then that solves everything. Just give a week's notice to leave as the section under boarders and lodgers states:

As a common courtesy, you should let your landlord know about a week in advance if you want to move out. .

Before you rent again - make sure you read and re-read everything about tenancies and the rights and responsibilities of both tenants and landlords. Knowledge will give you much more negotiating power.

 

[Amadio]

If you ask to leave, pay the ad fee and rent till new tenant found, your landlord should agree.

No - this does not apply under boarders and lodgers - in any state.

 

[wylie]

You need to dig out the actual form that you filled out, ascertain if you are leasing the whole house or if you are renting a room.

Once you have the facts, call the appropriate government department and find out whether the problems are enough for you to get out of the lease or if indeed, you might be able to give only a week's notice if you are a lodger.

You need to find out EXACTLY what you have signed before knowing how to deal with this problem.

 

[arnaud01]

Hi everyone,
thank you all for your answers.

Have you asked about getting an early release? or have you assumed landlord will not accept.

Are the other people on the lease I assume if you rented out the house its in your name only, so I cannot see how she could just allow others to move in. You said "my housemate" are these guests of yours at the house. Maybe the housemate is ad libbing a bit and landlord is not aware as yet of the new arrivals.

Brian

You need to dig out the actual form that you filled out, ascertain if you are leasing the whole house or if you are renting a room.

Once you have the facts, call the appropriate government department and find out whether the problems are enough for you to get out of the lease or if indeed, you might be able to give only a week's notice if you are a lodger.

You need to find out EXACTLY what you have signed before knowing how to deal with this problem.

I assume she wont accept and if she does she will not give my bonds back.
Of course I need to ask first to find out...Still have 1 exam tomorrow and I wanna be sure to focus on that before dealing with the other issue.

The first sentence of the contract says you, the occupant are allowed access to and use of the bedroom kictchen laundren dining room etc..
The landlord still uses 1 room for her.
From this I should be a lodger and not a tenant.

No they are not guests they have the same contract as me ..(so we should all be lodgers then)

If you are a lodger - then that solves everything. Just give a week's notice to leave as the section under boarders and lodgers states:

As a common courtesy, you should let your landlord know about a week in advance if you want to move out. .

(my notice is 4 weeks and I will respect this before moving out, should give enough time
to find a new house mate)
If I do that, is she legally required to give my bonds back ?

Before you rent again - make sure you read and re-read everything about tenancies and the rights and responsibilities of both tenants and landlords. Knowledge will give you much more negotiating power.

I totally agree with that.. I was stupid to sign this

I will check with my uni housing service and phone the government number.

Thanks again

 

[Ed Barton]

Hi everyone,
thank you all for your answers.




I assume she wont accept and if she does she will not give my bonds back.
Of course I need to ask first to find out...Still have 1 exam tomorrow and I wanna be sure to focus on that before dealing with the other issue.

The first sentence of the contract says you, the occupant are allowed access to and use of the bedroom kictchen laundren dining room etc..
The landlord still uses 1 room for her.
From this I should be a lodger and not a tenant.

No they are not guests they have the same contract as me ..(so we should all be lodgers then)


(my notice is 4 weeks and I will respect this before moving out, should give enough time
to find a new house mate)
If I do that, is she legally required to give my bonds back ?


I totally agree with that.. I was stupid to sign this

I will check with my uni housing service and phone the government number.

Thanks again

the uni housing service will probably give you good advice.

i suspect, by your English you are an os student with lack of Australian regulations. I suspect your LL is cutting some rules and you will be in the pole position as far as your 'lease' gos.

 

[arnaud01]

the uni housing service will probably give you good advice.

i suspect, by your English you are an os student with lack of Australian regulations. I suspect your LL is cutting some rules and you will be in the pole position as far as your 'lease' gos.

is my english that bad ? !
yes I am from France...
I will go to uni housing service tomorrow and hopefully find some solutions
there.
Thanks!