Tenant needs help! Please

HI there
I have been reading this forum for a while - myself & hubby are planning on purchasing an IP in the next few years, we are currently renting somewhere where we want to live but not purchase in ..

We have been renting the property through a real estate for a number of years, mostly off lease but with some periods being on a lease. We pay our rent on time and accoring to their (inaccurate) records we are paid up over a month in advance (i believe we are only 2 weeks ahead but thats not the issue).
On Friday 24th Feb we received a notice of a rent increase from the 25th Feb, so really, one day notice. The letter which was inside the envelope was dated the 19th December 2011 and the post mark on the envelope was marked the 20th Feb 2012. To say i was absolutley fuming on Friday would be an understatement.
I organsied a meeting with our property manager this morning (who is apparently new to the company and was taking over after our previous property manager 'suddenly'left at the beginning of Feb) and explained the situation, told her that i felt it was unfair we had been given one days notice that the rent was to increase (Im not even disputing the increase amount here) and would it be possible to discuss alternative arrangements. She flat out said "no, the date on the letter is when we posted it and as far as we are concnerned, the letter was written on the 19/12/11 and posted the same day, what Australia Post does with the mail is not my concern." after I picked my jaw up off the ground, i told her that surely Aust post would have no interest in hanging on to mail for 2 months to suddnely post it so it would arrive the day before the increase was to occur. After some tooing and froing, she advised me to contact the Dept . Fair trading (even gave me the number!!) and ask their advice. Which is what I did.
When i first spoke to them this morning, they advised the letter i received on friday was invalid due to the date of postage (which can be proved) and the rent increase does not apply and the real estate would need to issue another notice of rent increase giving us 60 days notice plus 4 days for mailing. This would make the rent increase effective from the 27th April.
I emailed the PM this info and she has written back saying she spoke to a different person at dept fair trading and they advised her that the orignal notice stands because it goes from the date it was written not the date it was received by us.
I then re contacted the dept fair trading today and spoke to someone different again and they advised that as per section 41 of the act, rent payable may be increased by written notice, given 60 days before the rent is payable.
He also advised that the dept fair trading only gives out information based on the Act not orders and it is my decision is not to increase the rent payable as the notice given was invalid. He also advised me to tell the real estate if they would like to persue with the matter of using the ínvalid notice for the rent increase than they will need to have any order made by the CTTT.

I no have no idea what to do. in the meantime, the PM has offered, as a gesture of goodwill to give us an extra 30 days notice period for the rent to increase (which makes me think they know they did something wrong but dont want to admit it / cause a bigger fuss / admit to the owner thier is an issue.. )
 
There is the law and there are the practicalities. The first question is how much is the rent and how much is the increase? Is the rent cheap, or expensive for the property?
 
You are correct, notice required is 60days + 4 to allow for postage from the date they mail it, the date they wrote the letter is irrelevant and the agent is trying to screw you over because they mucked up and dont want to explain it to the landlord.

Dispute the rent increase at tribunal, until you receive a new letter with the correct 60 days notice on it the increase is invalid. You have a post mark to prove the correct date it was mailed in your favour.
 
You are correct, notice required is 60days + 4 to allow for postage from the date they mail it, the date they wrote the letter is irrelevant and the agent is trying to screw you over because they mucked up and dont want to explain it to the landlord.

Dispute the rent increase at tribunal, until you receive a new letter with the correct 60 days notice on it the increase is invalid. You have a post mark to prove the correct date it was mailed in your favour.

I agreed with this too
 
Dispute the rent increase at tribunal, until you receive a new letter with the correct 60 days notice on it the increase is invalid. You have a post mark to prove the correct date it was mailed in your favour.

Yep stand your ground for the extra 30 days notice. I'm sure you'll enjoy moving.
 
NSW RTA said:
41 Rent increases
  1. The rent payable under a residential tenancy agreement may be increased only if:
    • the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and
    • the notice is given at least 60 days before the increased rent is payable.
  2. This section extends to an increase in the rent payable under a residential tenancy agreement on renewal of the agreement as if the increase were an increase during the term of the agreement.
    Note. Notice of a rent increase on renewal is required under subsection (1) before the lease is renewed.
  3. A rent increase is not payable by a tenant unless the rent is increased in accordance with this section or the rent is increased by the Tribunal.
  4. The residential tenancy agreement is varied to specify the increased rent from the date the rent is increased in accordance with this section.
  5. Notice of a rent increase must be given by a landlord or landlord’s agent in accordance with this section even if details of the rent increase are set out in the residential tenancy agreement.
  6. Notice of a rent increase may be cancelled or varied (so as to reduce the increase) by a subsequent written notice given to the tenant by or on behalf of the landlord. Any such later notice takes effect from the date on which the earlier notice was to take effect.
  7. Notice of a rent increase is not required to be given by a landlord or landlord’s agent if the increase arises because of the end of, or a reduction in, a rent reduction.
  8. Subsections (1)–(7) are terms of every residential tenancy agreement.
  9. A landlord or landlord’s agent must not contravene this section.
Maximum penalty: 20 penalty units.
a penalty unit in NSW is $110 == $2200
"given" is the date and time the documents were received, not sent
Screw-em, the agent is trying to cover their *expletive* for not following the landlord's instructions
 
Simply stated, the agent/landlord must give notice in accordance to the Act not in accordance with the date of a letter which may or may not have been posted. If they want to rely on the date of posting, then they will need to present the "postage book" to the OFT to prove that the letter was in-fact posted on the date evidenced by the post-mark on the envelope. Don't throw out the envelope or letter.

If the PM has backed down so quickly to give you an 'extra' 30 days, they will be seen as a champion in the eyes of the owner for having been able to bring the rent review in 30 days early, not 60 days late due to their own/predecessor's incompetence.

Write back to the agent advising that the rental notice was received on ??/??/2012 and that you dispute the rent increase on the basis that the notice was not served with the requisite period of notice, 60 days. Get your letter registered (with signature, about $3.50 extra).

The agent will only tell the OFT their side of the story as they see it, the CTTT only has the power to adjudicate.

Do you have any other grounds to object to the rent increase eg is it excessive?

If the agent then decides to kick you out without cause, then they will need to give 90 days notice - you could then object that this is vindictive and push the issue again.

Back onto your first point, did you pay a month in advance as well as your bond at commencement, then pay again within a fortnight? That may be why you are ahead. Ask the property manager for a copy of your tenant ledger.
 
Yep stand your ground for the extra 30 days notice. I'm sure you'll enjoy moving.

If the rent increase is disputed and then an eviction notice is served it could be voided on the basis of being retributive.

Besides, why would a landlord evict a tenant who has been a good tenant for several years as a result of the PM screwing up, they would more likely just sack the PM and get someone better.

That being said if the increase was only say $5/week then the cost of tribunal + taking a day off to attend may not be worth it, up to the tenant to decide.
 
That being said if the increase was only say $5/week then the cost of tribunal + taking a day off to attend may not be worth it, up to the tenant to decide.
That being said, $5 per week less pm expenses, takes How Long? to make up a $2200 fine for improper increase, another fine for retalliatory eviction notice,
up to the landlord and pm to decide
 
Thanks everyone for your help so far.

zepth & almostbob & nedkelly - The rent increase is for $20 per week, the rent before the increase is $310, making it $330 per week after increase. I'm not exactly happy about the amount the rent has increased as our previous increases have either been $10 or $15 pw but never this much. I did ask the PM in passing why so much and she told me that it was to simply bring it into line with other similar rental properties in the local area - I only slightly agree with her reasons but as i said in the beginning, im not desputing the amount (properties with the same number of bedrooms and living spaces etc but have updated kitchens and bathrooms are only going for slightly more per week - our bathroom is pink so im guessing 60's and the kitchen is lovely vaneer wood panelling and lime green benchtops.. guessing 70's? )

I have spoken with hubby in further detail tonight about the whole matter and he doesnt want to take it further because he is scared of what action they could take in the future regarding our treatement which hasn't exactly been stellar but it was something that we put up with. We have never had anything to do with the owner (and not interested in either) so not sure what they do or don't know. (my biggest concern is the big E notice even though they would be hard pushed to find any real reason to evict us.. rent payments have always been made on time, in advance, never had a PM tell us that the house isnt being kept to a high standard etc etc.

So far all the communication with the PM has been via email (except the rental increase notice she 'mailed in december' ) if I am going to go down the path of desputing as scott no mates has suggested, can it be by email or are these things best carried out by registered post?

To answer scott no mates other question, at the beginning of the tenancy, we paid bond (via money order to RBB), 4 weeks rent and then 2 weeks later paid another fortnights so were at a minimum 2 weeks ahead all times until mid 2010 when the PM advised that we were too far ahead according to their records and I could 'skip' 1 weeks payment - which I did. Since than, 2 weeks rent has always been paid every 2nd Friday. My records put us at 1 week in advance minimum but the real estate ledger (which i have copies of since beginning) puts us approx 3 weeks ahead.

If i despute the rental increase with the real estate, does this then mean they will initate proceedings with the CTTT or will they still leave that in my hands?

Just a bit of background, this isnt the first letter we have received 'late' from them, a letter dated and apparently mailed on the 1st December 2011 was not received by us until the 20th January 2012 and when my husband questioned the senior property manager she simply stated that the PM hadnt changed the date or proof read her work.
Payment for water bills have gone 'missing' in their bank account on several occasions and its taken me to have to email the transfer receipt to them before it is 'found'.
When we had our first rent increase they insisted on us paying a bond top up amount which was never forwarded to the RBB and it took alot of work on my behalf to get it reimbursed - even then the PM was telling me they were only doing it for 'goodwill'. (yes yes.. i know. what was I doing? I blame sleep depravation at the time for paying them the 'top up' in the first place.

I think based on all the advice that has been given we will proceed with desputing the rent rise based on the lack of proper notice given :)
 
*snip*
I think based on all the advice that has been given we will proceed with desputing the rent rise based on the lack of proper notice given :)

Sounds like a plan! Even if they want to "evict", you can stick around for a while; it'll take some time to organise the sheriff, and they can only proceed after providing a notice. As a tenant, you have rights (too many sometimes :eek:) but in this case it sounds like you need them!
 
I would call their bluff and take them to the Tribunal. It won't cost you anything, but the PM has more to lose. Ask to see their mail book. My RE Agent (at least the Canberra one) keeps a written mail book so they look back to see when something was sent in case of this very situation (one of my tenants claimed this - however RE Agent had proof and tenant backed off). You luckily have proof and it should be straightforward.
 
In 2010 we became tenants for the first time in over 30yrs. It was a very short tenancy of 9mths. At the end of the tenancy we just moved back into one of our own properties.

The issues you are having with your PM are amazingly similar to the issues we had with ours at the time. We also received a number of letters that had been drafted & dated several weeks, even months, prior to us receiving them. When queried, the PM even gave uncannily similar responses as you describe.

It amazes me when I read this forum. So many people bag tenants for being bad (and I acknowledge that there are many poor tenants), but many tenants are only reacting to the way they are treated by their PM.
My 9mth experience was absolutely disgusting. Right from the start the PM was condescending. She ignored issues with the property, she flat out refused to provide things that were mandatory. When maintenance people did turn up, it was unannounced and they expected to be able to get access. One maintenance person turned up with a key to let himself in to replace a fixed heater. We just happened to be home when he arrived.

In her eyes, I was "Just a tenant".
Over 9 mths I lodged multiple forms with the RTA against the PM trying to get some action.

In the end we vacated, moved back to one of our own properties & vowed never to be involved with that particular PM company ever again.
 
It amazes me when I read this forum. So many people bag tenants for being bad (and I acknowledge that there are many poor tenants), but many tenants are only reacting to the way they are treated by their PM.
I am not surprised by your story at all... My experience with property managers from a tenant perspective has not been much better.

ETA: To the OP, personally I would be pushing back on the property manager to make sure I get the legal requirements of 60day notice based on the principal, and not because of the money.
 
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I'd be pushing back on the PM too. Sounds like they've stuffed up and are throwing the blame on slow mail and making you pay the increase. One of my PMs forgot to send out tenant a rent increase letter and when I rang to ask them about it, they said there was nothing on file to indicate that a rent increase was even suggested. Once I produced a letter from them regarding the rental inspection and that would now send the tenant an increase letter, the tenant suddenly started paying that increase. My hunch was that the PM wore the cost of the increase until the new 60 day period kicked in.

your PM should be wearing the increase for the next 60 days, it's not your responsibility until you receive the written notice in good time, which this obviously isn't in your case.
 
On Friday 24th Feb we received a notice of a rent increase from the 25th Feb, so really, one day notice. The letter which was inside the envelope was dated the 19th December 2011 and the post mark on the envelope was marked the 20th Feb 2012.


Hi Kylie,


Calm the farm, no big deal. Take a big breath and grab a cup of tea. This one is both easy to explain, and like most things when you are the Tenant, to your benefit, so no need to get the feathers ruffled.


What's happened is this ;

1. Early on the Monday morning the Landlord has written to PM and asked - "Everything sorted for the rent increase of $ 20 per week starting this Saturday the 25th, like I requested 3 months ago. I presume all of the proper notices have been sent and everything is on track ??"


2. Panic stations at the PM office. "Holy ****, we've fortgotten about that house. Mr Richards the Owner is going to be livid. Righto, we need to give 60 days notice plus a few more for postage. Give me a calendar."


3. PM sticks their fat finger on Monday the 20th, and slides it back across nine consecutive Mondays until they reach the date of Monday the 19th of December. 63 days....too easy.


4. "Righto, bash out a letter today, date it 9 weeks ago on the 19th of Dec, and get it in the post immediately."


5. Letter is posted, gets postmarked at 10pm that night on the 20th of February, duly arriving at your door that Friday.

------------

Too easy.


All you need to do Kylie, if you wish to stay, is simply write back saying, thank-you, received your notice of a $ 20 p/w rent increase on the 24th of Feb. We agree to the increase, and shall commence paying it 60 days hence, as per the Act, on the 24th of April.


You get to stay in the house, and you get the next 9 weeks rent at the old rental rate of $ 310 per week.


Their forgetfulness and stuff up will simply cost them 9 x $ 20....your saving of $ 180.


Great stuff....a win for the Tenant.


Your hubby should not panic. They don't have a leg to stand on. Any fool can see how they tried to dodgy it up.


They can't chuck you out for their stuff up, nor can they make you pay the extra $ 180. Being Landlord's and PMs, they have no power over you whatsoever.


It's all good news Kylie. Happy days. :D
 
As they shouldn't have the power to do so.

The owner should, however, have the power to give the PM a bloody good shakeup.

Poor form on their behalf.
 
All you need to do Kylie, if you wish to stay, is simply write back saying, thank-you, received your notice of a $ 20 p/w rent increase on the 24th of Feb. We agree to the increase, and shall commence paying it 60 days hence, as per the Act, on the 24th of April.
Except that as per the Act the previous notice was invalid and until such time as a new, valid notice is sent then it is treated as if no notice has been sent. The agent cannot simply say "fine the notice counts from now."

Their forgetfulness and stuff up will simply cost them 9 x $ 20....your saving of $ 180.
Plus however many weeks it takes them to send a valid notice x $20

Great stuff....a win for the Tenant.


Your hubby should not panic. They don't have a leg to stand on. Any fool can see how they tried to dodgy it up.


They can't chuck you out for their stuff up, nor can they make you pay the extra $ 180. Being Landlord's and PMs, they have no power over you whatsoever.
This much is true mostly ;)

It's all good news Kylie. Happy days. :D

As above, until they send a new notice they cannot charge the higher rent, the 60 days starts ticking from the date a valid notice is sent.
 
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