Tenant Issues after Moving to a New House

samp365 on 21/01/2022 - 13:02
Last edited 25/01/2022 - 15:09

Hello People,

Edit #1 - Me and my wife added reviews on their Google page and they started moving things pretty quickly. They agreed to refund the amounts incurred by me and are sending the guys for repair/cleaning. They lodged the Bond too.

I rented a house in Melbourne and moved from a different city. As I was from a different city, I signed the agreement solely based on the pictures on the website and the plan is to stay there only for 6 months and move out. Here follow the issues

  • The agent placed wrong keys in the collection box and we were stuck outside the house for close to 3 Hours. Our batteries had drained out and had to take help from neighbors to arrange a locksmith. It was weekend after 5PM and we were charged a hefty price. I had a kid and the removalists are waiting to unload the truck.
  • No water in the house. Took the neighbors help to turn a valve to realize that water was leaking near the tank. Had to call some neighborhood plumber to set it up. Realized that water was leaking again from the solar heating panel after the plumber left. Took the neighbors idea to turn on and off the value and store water.
  • Next day when we were unpacking the stuff someone parked their vehicle on our driveway and was trying to open the garage. It was a shocking thing for us. As it was mid afternoon I dared to open the door and talk to him only to realize that he is a plumber and the owner sent him to fix the water issue. Looks like the owner thought we are coming on Monday. Also, they renovated the house with new paints and removed the carpet and put up wooden flooring before we moved in. Some way this is good but not the same as we saw in the pictures.
  • Ducted heating was not working and we raised an issue to fix it. It was unattended until now. Today is close to 30+ days that we moved here.

  • Garbage left over by the previous tenants is still lying around. Multiple promises to send cleaners were never fulfilled.

  • Recently realized that the bond was not lodged with RCBA - Almost 30+ days after we moved in. Signed the lease almost 2 months back.

  • I did not get move in condition to be signed.
  • Agent never responded to my calls in the last 40 days
  • Costs incurred during the first day for locksmith, removalist waiting charges, plumber were not invoiced until today. I asked them I would deduct another $500 for all the hassle and never got a reply.

I'm planning to buy a house in the next couple of months and want to move out without much hassle. So, what do you think would be a good step for me? I read that I had to pay the rent until a new tenant moves to the hose. With this attitude of the agents, I doubt they will be keen to find one.

Thanks in advance for your help…

Home & Garden

Comments

  • trustnoone on 21/01/2022 - 13:16

    I read that I had to pay the rent until a new tenant moves to the hose.

    How long did you sign the lease for? 6 months? 12 months?

    • samp365 on 21/01/2022 - 13:27

      It's a 6 months lease

      • trustnoone on 21/01/2022 - 14:44

        Not a lawyer but

        Signed the lease almost 2 months back.

        If its a 6 months lease and you signed 2 months back, then you got 4 months to go. After this I think it moves onto month to month (might have to check) until you're told to move out or asked to sign a new lease.
        You only pay rent until the new tenant moves in if you break the lease, it should say on your contract what you'd pay.

        I'm planning to buy a house in the next couple of months and want to move out without much hassle. So, what do you think would be a good step for me?

        4 months isn't too long left if you're looking at getting out soon and maybe have a few weeks overlap to move things across? So if its livable it could be possible to stay for the remaining 4 months then bail once you get a house. Even if it takes longer then 4 months, if you don't think a new tenant can come in, might help you stay at a month to month lease until you can go.

        • samp365 on 21/01/2022 - 14:53

          Though I signed 2 months back, the start date was just from 1 month back.. So, 5 more months to go..
          The contract says - Rental Provider Expenses
          If the Renter decides to vacate the Premises during the term of this Agreement for whatever reason, the
          Renter shall be responsible for reimbursing to the Rental Provider or Ray White Point Cook the following
          costs:
          1. A pro rata letting fee;
          2. Marketing costs as incurred by Ray White Point Cook;
          3. National tenancy database checks on each applicant or as required;
          4. The continued payment of Rental until the first to occur of the Premises being relet or the current term
          of this Agreement expiring;
          5. If the Premises are relet at a lower Rental, the Renter must pay to the Rental Provider any difference
          or shortfall as required for the unexpired portion of the term of this agreement subject to legal
          requirements."

          So, with this agility of the agent I doubt if they will be keen on finding a new tenant if I vacate before the lease end date.

          • TimmyTims on 25/01/2022 - 12:48
            +1

            @samp365: "If the Renter decides to vacate the Premises during the term of this Agreement"
            The agreement is 6 months. The rest of the points only matter if you break the lease (leave before the 6 month contract runs out).
            Look up to see how much notice you need to give when vacating, I can't remember if its 30 or 60 days. A google search will pull this info up. Make sure you give this amount of notice, Eg, if you need to give 60 days notice, 4 months into the agreement let them know you'll be moving out at the end of the agreement and you will not renew the agreement or go month to month.

            I think you have a pretty poor real-estate agent and you lack of experience (absolutely not your fault) is making it more difficult. Unfortunately there a bunch of things that are handy to know about renting that no one teaches you (like did you know you don't have to professionally clean the carpets when you move out even if the contract says so.)

            Keep all your records of incurred costs due to their stuff ups. Email them weekly until something happens. If they ignore you or decline to pay you back, take them to VCAT when you move out

            • samp365 on 25/01/2022 - 15:10
              +1

              @TimmyTims: Agree with you.. I have to be vigilant from next time and use this knowledge to not make mistakes again.
              BTW, me and my wife added reviews on their Google page and they started moving things pretty quickly. They agreed to refund the amounts incurred by me and are sending the guys for repair/cleaning. They lodged the Bond too.
              Happy with how the things have moved in the last 3-4 days.

  • Drakesy on 21/01/2022 - 13:20
    +4

    I rented a house in Melbourne and moved from a different city. As I was from a different city, I signed the agreement solely based on the pictures on the website

    Well you did open yourself up to a fair bit of risk moving in and bringing the removalists over the same day.
    Did you not do an inspection with the agent prior to taking the keys?
    How else would you note any damages issues?

    But i do sympathise with the fact the agent is useless and you should be able to get a fair bit of the expenditure back as it was the agent that was negligent.

    • samp365 on 21/01/2022 - 13:29

      I did not do the inspection as I was told that the house is same as in pictures…
      I took pictures on the day I moved in.. Close to a 100 pictures.. SO, they should be fine for the evidence.. The other 2 houses that I stayed before.. not even a single complaint and I got all the 100% bond back.

      • Drakesy on 21/01/2022 - 13:52
        +7

        I would never ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever trust a word a property manager says, they're the scum of the earth.

        At least you have pictures though.

        • samp365 on 21/01/2022 - 13:53
          +1

          Yeah.. true.. realized it the hard way..
          The biggest thing is.. My Son calls it a Ghost house and he doesn't want to stay there… :(

          • Drakesy on 21/01/2022 - 13:54
            +2

            @samp365: Agents are one of those services you indirectly pay for as part of your rent and have no choice in what service you get.
            Probably why the industry is so bad.
            If renters got a choice i feel 95% of property managers would be given their marching orders.

            Maybe that's a way of cleaning up the industry, landlords giving the tenant a choice of manager.

            • samp365 on 21/01/2022 - 13:59

              @Drakesy: She didn't even bothered to call us until now..
              I thought people have a bit of sympathy for others..
              When I sent what happened, her reply was - "Thanks for letting me know".. I mean.. you made a family stay for few hours outside the house in a new city and you don't even care to say a sorry.. BTW, I signed the agreement almost 3 weeks before my start date.. Plenty of time to fix stuff…

      • lainey13 on 21/01/2022 - 20:20
        +1

        Errr, pictures are NEVER reliable?! See Tinder… Real estate website… Online shopping… Social media…

    • Almost Banned on 21/01/2022 - 14:28
      +2

      This is the typical Ozbargain mentality.
      Agent can post pictures of the Taj Mahal, knows you are coming from interstate and can't inspect, then give you a tin dunny, and its somehow YOUR fault.

      • samp365 on 21/01/2022 - 14:34

        I was never complaining about how the house looked.. I was more complaining the way they are handling the things and not responding in a proper way and not doing the basic stuff they are supposed to do..

  • dizzle on 21/01/2022 - 13:29
    +2

    Wow, with all those issues are you sure you have the right house?

    Seriously though, if those are all documented including ways you have tried to contact the agent, I would suggest they are in breach of duty.

    The rental provider has breached a duty if they do not:
    Make sure the property is vacant and reasonably clean and vacant on the date you are supposed to move in [section 65]
    Keep the property in good repair, including safety-related repairs and maintenance and making sure the property meets minimum rental standards [sections 68, 68A, 65A]
    Replace faulty appliances, fixtures and fittings for water, electricity and gas with a replacement meeting a minimum standard for efficiency [section 69]

    If you followed all the steps properly, including leaving enough time between giving the breach notices and the notice of intention to vacate, you cannot be asked to pay any ‘lease break’ costs.

    My only other suggestion is to report them for the Bond lodgement. Considering everything else, I wouldn't expect to get the bond back if it does not get lodged.

    • samp365 on 21/01/2022 - 13:32

      Thanks a lot for your inputs.. Appreciate your details.
      As I'm actively looking for a house to buy. What time do you think would be a good idea to send in the notice and vacate the house.. I'm hoping to buy a house in the next 2-3 months..

      • dizzle on 21/01/2022 - 13:41
        +1

        It's in the link provided, but you have to go through the process
        Breach Notice - They have 14 days to fix
        2nd Breach Notice - They have 14 days to fix
        Notice to vacate for successive breaches - 14 days notice
        They can apply to VCAT for the remaining lease, but I doubt they would, and I doubt they would win the case.

        But you also run the risk of them fixing things. Then you would have to break the lease if you still wanted to move out before teh end of the lease.

        • samp365 on 21/01/2022 - 13:52

          Exactly.. The rules are more favored towards the agents/landlords..
          They get a lot of time and multiple calls to fix the issues whereas we are suffering with stuff from last 30+ days and still pay the break fee.. :(

  • Traveller107 on 21/01/2022 - 13:31
    +2

    I sympathise with you OP. Dealing with a useless property manager can be an absolute pain for all parties.

    Did you try calling the agency office number, after hours number, emergency number, emergency plumber etc listed on your lease agreement before hiring a locksmith and plumber? If you bypassed the listed emergency contacts and hired your own then it might be difficult to get all expenses reimbursed.

    If the bond was not lodged then you should breach them. Also breach them for broken air-conditioning(only if it was advertised in the rental ad)
    If a property condition report was not provided to you then you should download it from the relevant state rental authority and fill and send it yourself. Take plenty photos. See if you can contact the agency principle or find the owners to let them know and get a response. Seems the owner might be unaware of the situation and making them aware might change things.

    • samp365 on 21/01/2022 - 13:39

      There was only one number listed there and I could not speak with them.. Usually other agencies provide me an emergency number.. plumber and electrician numbers and this was not the case here..

      Forgot to mention that the owner came next day to handover the keys and said an apology. I called him once for the cleaning stuff and he wasted a day saying he would send one.. Later he said please deal with the agents..

      I raised a complaint with him saying that the wooden flooring was not done properly and he did not even bothered to send someone to fix it..

      2 weeks back he said he would pickup the garbage but did not turn up.

  • iamherenow on 21/01/2022 - 13:52
    +2

    Based on the large number of issues you have raised, I'm guessing they have put you in too difficult basket and are now doing their best to ignore you.

    • samp365 on 21/01/2022 - 14:00

      True.. and in the end I'll be asked to pay the lease break fee for moving out because of all these hassles..

  • cypher67 on 21/01/2022 - 14:01

    Stop paying the rent, they will contact you

    • samp365 on 21/01/2022 - 14:07
      +4

      I was told that I should never do this as I would be at fault..

      • cypher67 on 21/01/2022 - 15:00
        -3

        You need to remember its a 2 directional agreement you signed, they also need to live up the terms of the deal. If the contract or advertisement states the house will include certain things or they don't meet SLAs and services, you can without rent. Just expect your life to become more difficult.

      • JFFTech on 21/01/2022 - 17:29
        +3

        OP - You're right. Never stop the rent (or deduct it for the repairs), it's the only item that could turn against you.

        Please send an email to the agent informing that you're going to report to VCAT due to a lack of response from them. Please also find out the agency's boss and report on the agent (it mayn't help much though).

        After you vacate the property and collect the bond, please ensure to leave feedback about the agent/agency in Google.

        • samp365 on 21/01/2022 - 18:26

          Yeah.. I just sent their head the whole email chain. Not sure if he will find time to read it.
          I already left a review and asked my wife who is a co-tenant to write one…

    • [Deactivated] on 21/01/2022 - 14:39
      +2

      As a statement of fact, it's accurate.

      As a snippet of advice, it's terrible.

  • jv on 21/01/2022 - 14:50

    This sounds like the 'Ghost House' some friends of mine rented a couple of years back.

    Where is it?

    • samp365 on 21/01/2022 - 14:54

      Wyndham Vale..

      • jv on 21/01/2022 - 15:02

        Is the house near Presidents Park or near Wyndham Vale Reserve?

        • samp365 on 21/01/2022 - 15:02

          Near the Station..

          • jv on 21/01/2022 - 15:11
            +2

            @samp365: So the 3 'Ghost Houses' form a triangle…

            This is getting spookier and spookier…

  • Zephyrus on 21/01/2022 - 14:54
    +1

    This isn't legit. They must show the you the property in person, maybe there's a way around it if you agree.
    Not lodging your bond with the RTBA is straight illegal.

    You could tell them to sort you out better or you'll report them to the RTBA. That'll get something happening.
    Good news if if they didn't sign the move in condition report, that will make life hard for them to complain about anything.

    • samp365 on 21/01/2022 - 15:05

      The property stuff is my risk.. But yeah, the property is not too bad and luckily they renovated before we moved in.. It looked much better than what we were shown in the pictures…
      I sent a mail to RTBA and they just replied saying check with your agent!!!
      Luckily took few hundreds of pictures after moving in.. So, hopefully safe on that front..

  • Nutrino on 22/01/2022 - 00:00

    I have issues with my tenent too… oh wait, Thats you.

  • ms_caz on 22/01/2022 - 07:24

    I don’t think you will have to worry about break fees. You have five months left on your lease. You are hoping to buy a house in the next 2-3 months. Let’s say you are lucky and able to purchase in 2 months, you could still be faced with 60 -90 days settlement, which brings you up to the end of your lease anyway. Surely you will need a few days overlap to move, clean etc? If you have purchased you will have a definite end date, so you will just give agent your notice that you will be moving out and not renewing the lease.

    • samp365 on 24/01/2022 - 12:23

      Thanks mate.. I'm hoping for the same..

  • OzHunterNSW on 22/01/2022 - 12:04
    +1

    That's ok…. you simply write up a condition report (keep copy) and hand it to the RE. They should agree or disagree with your condition report. If anything needs addressing have them fix. At the end of the lease, you have an evidence trail. If they want to get smart, you simply take your evidence to tribunal.

  • daleroy1234 on 22/01/2022 - 12:20

    Next day when we were unpacking the stuff someone parked their vehicle on our driveway and was trying to open the garage. It was a shocking thing for us. As it was mid afternoon I dared to open the door and talk to him only to realize that he is a plumber and the owner sent him to fix the water issue.

    You 'dared to open the door' because someone was in your driveway? Life isn't that scary to just talk to people who visit your house. Sheesh

    • samp365 on 24/01/2022 - 12:21

      I don't know about others.. But as I said, I'm new to the city.. Renting a house for the first time.. Unpacking my stuff on a Sunday and BTW, no one knocked the door.. Someone was trying to open the Garage door using force…

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