Rental Property Misrepresentation?

hibbo on 15/06/2021 - 10:52

My son rented a property 2 years ago. Due to a serious health issue, he has had to vacate the property.He was beyond the length of the lease and gave the required 3 week notice. He has also had to resign his employment and move in with my wife and I while he undergoes chemo and radiothereapy.

When he rented the property it was described in the following ways ….double garage /2 car garage /2 car spaces /secure parking. Foolishly he took the agent's word and didn't inspect the garage.

After moving all his possessions with a removalist, he attempted to park his car, a stock standard 94 Volvo 940 sedan. It is shorter in length and having higher ground clearance than a Commodore,Camry and Falcon. (Examples of average cars.)

His attempt failed on two counts…..

  1. the garage was way too short ,
  2. The angle of the sloping driveway and its junction with level floor of the garage, resulted in the bottom of the car scraping severely as it entered the garage.

He notified the agent. They told him he was at fault for not doing a thorough prior inspection.

The external measurements of the garage are 5.1m x 5.1m. The internal usable area is much less.

Built into the garage is a bench 600mm wide which runs along the side. Along the rear wall is another built in bench, 400mm wide.

He paid over $500 a week. The reason he needed a double garage was for his own car and his sister's car. She has been in London for the duration of the rental. Both cars have had to be parked on the street and have deteriorated as a result.

The agents have relisted the property as having a double garage /2 car spaces / secure parking / 2 car garage.

Has the agent misrepresented the property ?

Is the onus on the prospective renter to notice the size of the garage? The garage is free standing and at the time of the open house inspection, the garage was not offered for inspection.

If it is a misrepresentation, should my son be compensated?

My son's cancer has torn all fabric of normalcy from under his feet. His sick leave ends this month .My wife and I are seeking to help as best we can.

All thoughts on the matter will be gratefully appreciated.

Financial

Comments

  • Nugs on 15/06/2021 - 10:54
    +8

    when is a real estate agent lying? when their lips are moving (and or fingers typing)
    .

    • Pelicannn on 15/06/2021 - 10:57
      +8

      If I had a dollar for every lie that came out of my real estate agent's mouth when I bought my property recently, they'd be paying me to take it off their hands.

      • [Deactivated] on 15/06/2021 - 10:59

        Okay, I haven't heard this one before. Genuinely laughed hahah

  • Big Lenny on 15/06/2021 - 10:57
    +3

    just move out

  • iNeed2Pee on 15/06/2021 - 10:57
    +29

    I am not too sure if I have too much advice, but I would like to wish your son well, I hope he beats and recovers from the cancer.
    ❤️

    • SlickMick on 16/06/2021 - 08:30
      +1

      Without diminishing this sediment, can I also mention that these extra details are not relevant to the question OP is asking.

      Therefore I'l not sure whether OP is looking for an answer, or for sympathy.

      • fantombloo on 16/06/2021 - 09:00
        +1

        Maybe both. And that's fine.

      • HeWhoKnows on 16/06/2021 - 09:07

        OP is just a trouble-maker and time waster!
        Isn't complaining about the past nor the future nor anything that concerns OP either.

        The lease is over and son is moving out. End of story.

        Nothing to complain about

        I pity the poor son now having to put up with the constantly winging parent

  • Pelicannn on 15/06/2021 - 10:57
    +1

    MS Paint or link to property ad

  • epkh on 15/06/2021 - 11:02
    +7

    I was recently looking at apartments for rent and some of the listings said 2 bedrooms although the pictures said otherwise. During inspection, the second bedroom was part of the living room parted with a thin portable wall and without a proper door. Property agents I swear…

  • Porker on 15/06/2021 - 11:06
    +4

    In Victoria, modern double garages (enclosed double car parking spaces) are required to have internal widths of at least 6m x 5.5m. So the dimensions you've mentioned are much less than this.. HOWEVER.. there are many examples of double garages that have much less than the stated widths and are permitted.

    Modern cars are bigger on average such that the stating of the property having a double garage is not necessarily false, if say, the place was built in the 1960s when it could have indeed fitted two average sized cars of that time. If the dimensions you observed complies with the dimensions of the time when the double garage was built, then the property has a double garage.

  • GrueHunter on 15/06/2021 - 11:07
    +7

    I love the way all properties in Canberra now have TVs with a 32:9 aspect ratio thanks to the "this room is enormous" lenses they use (scroll over to fourth photo - this was literally the first property listed when I opened Allhomes, they're all the same.)

    • MS Paint on 15/06/2021 - 11:28

      I want that TV so badly

    • Cheaplikethebird on 15/06/2021 - 11:53
      +1

      Without the wide-angle shots you only get to see one corner of the room.

    • Pelicannn on 15/06/2021 - 11:55

      Grew up a couple of streets over to this address!

  • hikaru78 on 15/06/2021 - 11:14
    +19

    I think your biggest issue is coming 2 years after and complaining….

  • Cheaplikethebird on 15/06/2021 - 11:25
    +2

    If it's bigger than a single but smaller than a double you've gotta expect the agent will list it as a double. If you inspected and didn't check then the onus is on you, even with a single car driveway/garage it's not guaranteed your car will fit.

    Also check your son's lease, almost definitely there will be something in it that says they've inspected the property and accept it in it's current condition.

  • mreddie on 15/06/2021 - 11:28
    +16

    Move on from this, sounds like you've got more important things to focus on

    • Caped Baldy on 15/06/2021 - 13:51
      +2

      I guess they're angry and want someone to blame…

  • CyberMurning on 15/06/2021 - 11:40

    2 car garage

    mini car also cars so yeah… probably better with "small 2 car garage" but you know agents.. bunch of liars…..

  • Donaldhump on 15/06/2021 - 11:41
    +6

    your son has affirmed the misrepresentation(whether it is or not) through the continued use of the property by staying there and not taking action earlier on than 2 years later.

    p.s. i wish your son all the best, stay strong.

  • bobbified on 15/06/2021 - 11:42
    +11

    Your son didn't complain about it two years ago and he's moving out, so let it be now. It's someone else's issue.

    Hope your son wins this fight with his condition. That's yours and his real enemy now!

  • tsunamisurfer on 15/06/2021 - 12:09
    +9

    First of all, I wish your son the strength to beat this condition and a speedy recovery.

    My son rented a property 2 years ago.

    If it is a misrepresentation, should my son be compensated?

    I absolutely abhor people who have happily lived with a property for years then complain at the end and expect compensation for something they didn't lose money or value on.

    I understand money is tight in this scenario but this does not mean you can concoct claims and make the money situation the Landlord's responsibility.

  • trapper on 15/06/2021 - 12:21
    +4

    Is the onus on the prospective renter to notice the size of the garage?

    Yes the onus is absolutely on the prospective renter to notice the size of the garage. Good grief…

  • Drakesy on 15/06/2021 - 12:35

    Technically you can fit two cars in there, maybe not 2 suv's or commodores but definitely a couple of cars.
    I wouldn't say it's false advertising. Although if you were slightly more rotund i wouldn't say allocating some 2.25m per bay is appropriate as the typical car bay is 2.4-2.6m wide, it is definitely pushing the boundaries on what could be considered a car bay.

    Cars these days are getting bigger and bigger while houses and garages get smaller.
    Eventually somethings got to give. the 90th percentile of cars such as Ford Rangers and Mercedes trash wagons only fit in houses with expansive garages unfortunately and in this case the owner really hasn't done the tenant any favours in installing the benches.

  • brendanm on 15/06/2021 - 13:23
    +8

    Have I got this right -

    • He has lived there for over 2 years.

    • He now has moved out, has terminated the lease, and is not paying rent at the premises.

    If correct, why on earth are you trying to complain about the garage now?

  • JimmyF on 15/06/2021 - 13:26

    If it is a misrepresentation, should my son be compensated?

    Yes to a point, but also no to being compensated.

    Honestly that ship has sailed, you, your family and your son have way bigger things to worry about than trying to get back say ~$20/wk for the last 2 years as you couldn't park your car in there.

    Your son still had access to this for storage etc, if they drove a smaller car it would fit etc. I'm not disagreeing its wrong, I'm just saying you all have way bigger things to worry about in the coming months/years than a few grand.

    Your son should have addressed this issue as soon as he moved in, instead they left it, lived there for 2 years, moved out and now you are seeking some type of compensation years later? As I said that ship sailed about 1 year and 11 months ago.

    Focus on your families health and your sons recovery. This needs your focus most.

  • orangetrain on 15/06/2021 - 13:39

    Ask for a rent reduction for the next three weeks?

    I hope your son took lots of pictures when he moved in! They may not be honest with the final inspection too.

  • holdenmg on 15/06/2021 - 13:52

    Indecent Proposal script says:
    "You snooze, you lose."

  • nayanmodi on 15/06/2021 - 14:37

    First of all sorry to hear about your son. Hope he gets well soon.

    In regards to the rental property, we were in the same situation where the property was advertised to have an automatic garage door. But after moving in, we found out it wasn't! The managing agent wasn't helpful and the lesson we learnt is to make sure we inspect the property thoroughly next time and make sure it is what was advertised. It would help if the managing agent does the right thing but to me, it's like someone giving you the change. It's your responsibility to make sure it's the correct change.

  • wizzy on 15/06/2021 - 14:42

    I'm very sorry about your son's cancer and wish you and him all the best. Stay strong.

    I don't think there is much you can do regarding the garage unfortunately. If he had taken it to the tribunal immediately he might have had a chance (although I'm not really sure about that either), but having lived there for 2 years I think it is probably too late now.

  • LyndonBBear on 15/06/2021 - 15:54

    The size of the garage is a bit of a moot point after all this time. It may be a distraction you are seeking, clutching at straws, due to the grief and trauma you are all suffering now, and don't think you aren't.
    I really do wish you, your son and the family the very best outcome. Remember, cancer is not a death sentence.

  • robbyjones on 15/06/2021 - 15:59
    +1

    You will not get any compensation. Move on.

  • tightpike on 15/06/2021 - 19:28

    Sorry to hear about your son's health issues. If he paid all his rent on time (good Tennant) that would mean he agreed to the terms of his lease, and would not be able to ask for compensation. Should of asked straight away.

  • Tleyx on 15/06/2021 - 23:11

    If you had told him two years ago they could have remedied. You need to mitigate your losses by notifying early

  • SlickMick on 16/06/2021 - 08:35
    +1

    It sounds like the garage wasn't that much of a problem for 2 years, but now that he wants to break the lease he's looking for excuses. If the smaller-than-expected garage isn't sufficient, what about with compassion thrown in.

    Was the sister's car also too big for the car park?

  • HeWhoKnows on 16/06/2021 - 08:57

    What sort of post is this?

    If I read correctly the son is moving OUT of the property so nothing to answer.

    How the agent has since listed the property is NONE OF YOUR BUSINESS!

    and Yes, the onus is on the renter to conduct a thorough inspection to see if it suits their needs!
    Just like with anything you rent or buy.

    And the last thing your son wants is for you to start butting into his business and causing stress mate…seriously!

    OP should just retract this ridiculous post!
    Nothing but a winging trouble-maker

  • xylarr on 16/06/2021 - 19:27

    I think this is in the past, and there really is not much you can do now.
    I would try to just let this go - he (and you) and learn a lesson on this when renting the next property.
    Right now, it sounds like you have much more important things to consider. Pursuing this is not really going to get anywhere.
    I hope everything works out.

  • kennyboi on 09/07/2021 - 19:36

    There should be a planning regulation on minimum size of garages. Do check with the local council on what that minimum size is in your council area.

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