Broken Lease Early, Agent Now Uncontactable

bobkin on 30/08/2018 - 22:02
Last edited 31/08/2018 - 10:13 by 1 other user

We purchased a property and decided to break our 12 month rental lease 6 months early. We were aware of the requirement to pay re-letting costs and to continue to pay full rent until the property was re-let. We entered into this in good faith, and offered to pay for some minor wear marks to the walls that had occurred during our tenancy and move.

The agent was friendly and supportive at the time. He held a single open home the day after we vacated (one month ago), but since that day we have not been able to contact him. He ignores all phone calls and whenever his office is called we are assured by the receptionist that he will phone us, however he never does. He said he would arrange the end of tenancy inspection weeks ago, but this has not occurred. This week we attempted to claim our bond back, however we then found that this was never lodged.

We are unsure how to proceed. We have considered contacting the tenancy tribunal in SA (SACAT), however our issue doesn't seem to fit any of the topics they have listed. Any advice would be appreciated.

Thank you.

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  thatonethere on 30/08/2018 - 22:11

  +2

  Doesnt sound good. Consumer and Business Services (CBS) phone 131 882 to let them know about nonlodgement of bond in SA. Hopefully it is just an error.

  Ask them what avenue you have to get it back from the RE.

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  [Deactivated] on 31/08/2018 - 03:45

  Easier to ignore your calls than it is to find a new tenant.

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  bobbified on 31/08/2018 - 15:03

  This week we attempted to claim our bond back, however we then found that this was never lodged.

  In Vic, we get a bond receipt from the RTBA (the government authority that holds the bond). I'm assuming that SA has a similar process. Did you get a receipt from when you submitted that bond at the start of the lease?

  Put all communications in writing and address it to the principal agent at that agency. You will need to keep records to use as evidence in the event of a dispute. Hand deliver it if you need to.

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    bobkin on 31/08/2018 - 19:57

    Unfortunately we did not receive a receipt and I should have chased it up at the time. I followed the advice above to phone consumer and business services and they were very helpful. They will follow-up on it from their end and I will be submitting a claim for the money with the tenancy tribunal. Thank you for your advice. Putting everything in writing is a great idea.

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  [Deactivated] on 01/09/2018 - 15:02

  Your probably not going to get your bond back. You're actually supposed to pay the rent until a new tennant is found and pay all the expenses for finding a new tennant. Re-letting fees etc will easily chew all your bond up. I would just walk away. If the PM comes after you for more money I wouldn't pay any more given they have been ignoring your calls.