Realestate Agent Trying to Get 1 Extra Weeks Worth of Rent out of Me

unclefrugi on 13/04/2016 - 13:14
Last edited 13/04/2016 - 15:13

Hey guys,

Need some advice from y'all.

Last week I sent my real estate agent an email saying "i am considering moving out of the rental property as I want a pet and the current landlord doesn't allow pets. If the landlord would allow a pet then I would consider staying for another year. if not then consider this as my 4 week notice to vacate."

The said email was sent on the 7th of Apr, the agent came back to me yesterday (12th Apr) saying the landlord doesn't want pets in his property. To which I replied back saying no worries, I am going to vacate on the 7th of May as per my original email.

So then the agent comes back saying, "since we need 28 days notice, you'll have to pay rent till the 11th of May". To which i replied, please go through my original email dated the 7th of Apr, that was a notice to vacate. She then said "nope, that was a request and not a formal notice".

The agent could have simply replied back to my original email saying "this is not official, I'll still need a formal email saying you are leaving". Moreover, the landlord took 6 days to reply to my original request.

Am I liable to pay the extra rent that the agent is asking for. is there anything I can do about the situation?

Thanks
UF

Update: The agent accepted my email as official notice. I am still going to be submitting a hard copy to cover my arse.
On questioning the agent about why it took the landlord 6 days to come back on my request, she said that she can see where I am coming from and that she is going to consider my original email as the official notice. So issue resolved, I ended up saving some 200 odd dollars.

Financial

Comments

  • Darron65 on 13/04/2016 - 13:24
    +1

    Good info here:
    https://www.tuv.org.au/advice/ending-a-tenancy-2/

    I don't think email counts; it should be written (on paper) and delivered in person or by registered mail.

    • unclefrugi on 13/04/2016 - 13:42

      interesting, the agent accepted the second email sent on the today, 13th Apr as an official notice to vacate.

  • jimbobaus on 13/04/2016 - 13:39

    As per above, your notice needs to be in writing and currently Email does not count.
    I know in Vic they are currently reviewing the rules and are proposing changes which would allow agents to give notice to vacate etc as well as tenants can give notice by electronic means but at this stage.. needs to be by post or in person.

    • unclefrugi on 13/04/2016 - 13:42

      interesting, the agent accepted the second email sent on the today, 13th Apr as an official notice to vacate.

      • jimbobaus on 13/04/2016 - 13:43

        I think it depends on the agent.
        was talking about the rules as they stand officially.

        • unclefrugi on 13/04/2016 - 13:47

          fair enough, in which case i guess technically i can't do much as the agent can always bring up the "hard copy of the notice to vacate must be submitted with us" rule.

  • suti on 13/04/2016 - 14:27
    +1

    Email is technically a legal document…

  • purplelady on 13/04/2016 - 14:39

    My agents always take emails as formal notice :/ But i'm in Sydney

    • unclefrugi on 13/04/2016 - 15:15

      my agent too accepted my email as official notice (I am in Melbourne). maybe it just depends agent to agent, the really anal agents probably don't accept emails.

  • Colombian on 13/04/2016 - 15:48

    Mine also take emails as formal notice. Actually I got an email from them sometime ago where it stated that all communication from that time was going to be via email. I'm in Adelaide.

  • Randxyz123 on 13/04/2016 - 16:19
    +1

    Glad it's sorted!

    Definitely send a letter by registered post that mentions your original email and a copy of your original email so they have everything in hard copy

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