Tenancy Issue

Hi All,

I have a number of investment property that I manage myself, however this time I have moved into a property for work that is managed by the owner.

I discussed with the owner the reasons for my lease, a residential property with a large shed at the back of the property that I needed to use for home business. We discussed the shed and it was made clear that the shed could be used for anything, the owner didn't mind at all, he was just happy his house was rented.

I was approved for the property and signed a lease, and immediately after, now speaking with the wife she said a business cannot be operated at all at the property as this would change their insurance and they did not want additional people at the property.

She took both copies of the lease as she said she was not permitted to sign the lease as she was not the owner.

3-4 days later, she called and said I couldn't use the property for business reasons and only live there.

I then realised I had to break my lease, they did nothing to help for a number of weeks and eventually employed an agent.
I didn't spend one night in the property, and now they wish to claim rent, break lease fee, carpet cleaning and cleaning (with no condition report) garden care and even electricity which was $300 over the 3-4 weeks the property was vacant and it was never in my name. I wasn't there to use power.

Does anyone know, I handle and understand the process from a owners perspective but now as a tenant, how to approach the threats of sms messages coming to sort it out (i.e. punch up!) and the false pretence of leasing the property with no limitations, of course what I was going to do was fully compliant to council and didn't damage the property...

I would appreciate any advice or anyone recommend someone to consult?

Thanks in advance.
 
Get some advice from your local tenancy advisory service. You probably need proper legal advice since your cause of action will revolve around a misrepresentation argument - don't mess around with silly factsheets or anything like that.

Also, 3 important points:

1. It doesn't matter if you didn't spend a single night in the property, as long as the lease was validly agreed to. So I wouldn't focus on that.

2. You should have satisfied yourself about whether or not you could use the premises for business purposes before you vacated. Who cares what the landlord tells you - it might not have been true.

3. Rescission as a remedy for misrepresentation partially relies on how quickly you move after finding out the misrep. So you can't afford to stuff around because every day weakens your case slightly.

Good luck
 
"She took both copies of the lease as she said she was not permitted to sign the lease as she was not the owner."

Does this mean you have no copy of a signed lease? When she took them back did she destroy them? Have you got anything in writing to what they promised you? Did you sign a residential lease agreement or a commercial lease agreement? Did you pay bond and rent in advance?
 
"She took both copies of the lease as she said she was not permitted to sign the lease as she was not the owner."

Does this mean you have no copy of a signed lease? When she took them back did she destroy them? Have you got anything in writing to what they promised you? Did you sign a residential lease agreement or a commercial lease agreement? Did you pay bond and rent in advance?


Hi Salvatore,
Yes I signed the lease, two copies and they were taken for the legal owner to sign. They didn't appear until they decided to list the property with an agent 3-4 weeks later, and therefore now claiming rent. Now there is an agent involved they are fighting on the owners behalf and they don't know the facts.
A mediator tried to resolve and basically said, you've signed a lease then pay the money but had no experience in property matters at all, he admitted that.

I understand the Act to detail that an owner must mitigate a tenants loss in a break lease situation?

I paid bond, 4 weeks and 2 weeks rent.
The bond was lodged IAW the act.

This will proceed to court, do I have a leg to stand on because of their false statements? really at the end of the day its $3000 I will be out of pocket, but its the dishonesty and false promises they both agreed to and then fully and flatly said I can't do that now that is morally wrong, but can they get away with that legally. Its also the manner in which they threatened to deal with the entire situation!
 
To detail the lease question; I was not given a copy of the lease until early this year which is close to 8 weeks after the lease started originally and it was posted out by the new agent that took over.

Residential lease - its a very simple business, not loud or invasive but would have people attend in accordance with council laws.

The owners also didn't take an application form from me, they just gave me the property on face value.
 
To detail the lease question; I was not given a copy of the lease until early this year which is close to 8 weeks after the lease started originally and it was posted out by the new agent that took over.

Residential lease - its a very simple business, not loud or invasive but would have people attend in accordance with council laws.

The owners also didn't take an application form from me, they just gave me the property on face value.

Whether or not you were given a copy of the lease doesn't seem very relevant to me.

Did you even read or understand anything I posted earlier?
 
No application - you can't be blacklisted as they have any ID.

Yes you do have a legal leg to stand on.
Losses were not mitigated.

There is no inspection report - nothing to charge you. Carpet cleaning etc... Pft! Based on what without a condition report?

The electricity was not in your name.

Take this to tribunal - your total risk would be 6 weeks of rent total - nothing above as they don't have your id or application form.

Also argue that you did not have a copy of the lease

I'm glad they got someone who knows what they are doing eventually!
 
If the matter has not been raised to NCAT yet then apply for the bond refund today. It would then be up to them to decide if the matter goes to NCAT or not. If they told you it was aright to run a business, stick to your story and cross fingers the member believes you. APPLY FOR YOU BOND REFUND TODAY!
 
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