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.. )
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.. )