Rent increase letter invalid?
- Thread starter beachgurl
- Start date
Can you please tell us more. What is "market rent"? for the area, what your tenants were paying, and why did you have to pay half their utility bills?
More information would be great if you are willing to share.
Can you please tell us more. What is "market rent"? for the area, what your tenants were paying, and why did you have to pay half their utility bills?
More information would be great if you are willing to share.
sure, I didnt want to sidetrack the original thread, but here it goes
market rent $220-$240 per week, I gave the property to a new PM, and then a week or two later, tells me he has a tenant at $260pw, I was like, wow, pretty good. (mind you the property wasnt advertised at all , and I thought the property was going to get advertised within that range)
there were a few maintenance issues as it was a full reno that had just finished, initially the tenant wouldnt return calls for handyman to address these issues, eventually handyman got in and did the job, things like doors pinching, gap underneath doors a bit big, one powerpoint not working etc. etc.
so even though they broke their 12 month lease about 2-3 months in, when they went to tribunal, they claimed for differnce in market rent, which they won,
they claimed for a massive power bill for they claimed they got because of hte gap in the door,
they also claimed for a phone connection (line was already there) they put in saying I would reimburse them (news to me)
so in the end I had to pay for differnce in market rent, (the comparisons they gave were for unrenovated or semi updated ones), plus HALF of their utility bill, however they werent awarded for the phone connection due to having no evidence
and this is after I gave them a months free rent to compensate for the maintenance issues originally !! plus I didnt get anything awarded for breaking of lease or leaving the property in a mess
oh well, live and learn
actually as im reading what ive written, I m starting to feel like I was ripped a new one!!!!
thank you wylie :0
Just kidding! all is good nowSo they signed a lease at with a rent amount of $260 per week for 12 months and then were able to dispute the rate later.
Why sign a lease if the rate can be disputed? Surely each party are free to walk away before the agreement is made if they think the rent is too much.
Am i missing something?
Why sign a lease if the rate can be disputed? Surely each party are free to walk away before the agreement is made if they think the rent is too much.
Am i missing something?
I have heard that QCAT make some funny decisions (must be the heat).
Which state was the property TMNT (not the state of disrepair).
Which state was the property TMNT (not the state of disrepair).
property was in NSW!
and yes, some funny decisions, that dont surprise me since the courts are very pro tenant, what is the point of signing a doc that allows them to get out of it
which reminds me, im going to file applications with the courts to sue the previous owners for the difference in price I paid in comparing an inferior property.......Think of the children.
be right back!
and yes, some funny decisions, that dont surprise me since the courts are very pro tenant, what is the point of signing a doc that allows them to get out of it
which reminds me, im going to file applications with the courts to sue the previous owners for the difference in price I paid in comparing an inferior property.......Think of the children.
be right back!
Did the court know, you had already awarded the tenant compensation of a month's rent?
How much was the utility bill you need to compensate them for?
In Canada, we have had some really stupid decisions...we appeal, and in most cases, we have won the appeal.
Might be something you want to consider.
yes the 1 month free was mentioned,
the utility bill was approx $550, so split 2 ways,
Got told by the PM that no point appealing unless there is new evidence no matter how dumb the decision is, Not sure if this is correct, as ive never had to appeal before. But in my experience of reading others experiences, I know for a fact its like pushing SIht up a hill
PM went, couldnt think of anything worse then going to court to argue against a turkey, on a unlevel playing field. Id probably jump over counter and punch the judge
Not sure how your system works here.
Our first hearing is very informal...sitting around the desk with the Director , the tenants and us. Evidence is presented. Decision is given or mailed...Director's decision.
If there is an appeal, the small claims court Adjudicator can decide on the evidence provided at the first hearing, view new evidence, or have a new hearing...their choice.
This is when you would state you have already provided compensation in the form of free rent, at the beginning. The tenant wouldn't co-operate to allow the repair issues. Tenants could have mitigated the draft, if they weren't going to permit repairs.
Then the tenants broke the lease, and you are entitled to compensation, as it states in the ACT.
No one likes to go to court.
Holy c**p! TMNT, that's shocking! Absolutely appalling the decisions made from time to time.
BG, I've heard good things about a few agents - what area? If you're after someone new, let me know the area and I'll PM you, if any of the ones I know service that area.
BG, I've heard good things about a few agents - what area? If you're after someone new, let me know the area and I'll PM you, if any of the ones I know service that area.
You didn't even go in person to argue your own case? And then you want to complain about how unfair the decision was?
How do you even know any of your evidence was presented?
In nearly any other type of proceeding you would have default judgment entered against you for a no show at hearing.
im not complaining about the unfair decision,
its just how the system is,
and no I didnt represent myself, thats the point of a Property manager,
a decent property manager will be able to represent me better as Idont know the full laws,
if you dont trust your property manager to put forward a decent case, I wouldnt be working with them.
but yes you are right, the agent could have not provided anything, but who knows
Did the judge make a decision?
If so, I would assume they would need to appeal that decision.
That is how it works in Canada...similar?
They can apply for permission for the matter to be re-heard if they had a good reason for not attending. If you've received advice of another hearing, then I'd say they've had approval for a re-hearing. *sigh* *grit teeth*
