Real Estate Taking More Rent Then Agreed on

letmethefuqin on 09/05/2022 - 19:33
Last edited 21/05/2022 - 09:58 by 1 other user

Asking for A friend.. (No Actually, Asking for a friend)

Today I got in a conversation about her rental, Which she informed me of the situation below, I thought the smart people of OzB might has some insight on what to do here..

The Property she is in got sent a rental renewal with an increase to 400pw. It was signed by all parties,.
February rolls around and the new lease kicks in.
The Real estate starts taking 460pw out.
She spoke to them and they said that's what the contract should have said.. and to this day they are taking 460 out, even though all parties agreed and signed the contract for 400pw.

the RTA say she's in her rights to take them to court but has to go through all the loop holes.
Anyone ever come across this problem? were you successful in beating it?

To add insult to injury

Her hot water broke 6 weeks ago and the garage is flooded and its wet and smells.
The Real estate hasn't fixed it.

Does she have any way of getting them to act on this?

Home & Garden

Comments

  • Hybroid on 09/05/2022 - 19:37
    +5

    Signed contract says $400 so it's $400. What does REA "taking out $460" mean? How do they take out what they want? Does she not have auto-payments setup for $400 or similar?

    Speak to Tenants Advice and Advocacy Service: https://www.tenants.org.au/tu/about/contacts

    • letmethefuqin on 09/05/2022 - 19:44

      " I keep paying the 400 every week, They deduct the extra 60 from my infront account and now i'm sitting in the negative and keep receiving notification that im behind in rent "

      edit: she send the money every week its not direct debited

      • Hybroid on 09/05/2022 - 19:59
        +1

        What's an infront account? Does she mean the bond? Is that not registered with RBO or equiv? There's no way REA would expose themselves like this. There's something she isn't telling you or aware of here…

    • letmethefuqin on 09/05/2022 - 19:48

      Ive sent on the link, she hasn't tried them only RTA and Qstar

  • mbck on 09/05/2022 - 19:44
    +3

    This is stuffed up. Rea should be charged. I'd report this

  • tsunamisurfer on 09/05/2022 - 19:55
    +2

    There is more to this.

    REAs live and die by the contract. Even they know that a $400 contract is $400 and would easily be called out.

    WTF is an in front account?

    • letmethefuqin on 09/05/2022 - 20:56

      I think what she means is, You know how you pay in advance,

      4 weeks bond, 2 weeks in advance.. Im assuming she's talking about they take it out of her "too weeks in advance" which is how she's now behind in payments

      In regards to more to this, what I think has happened is the owner has said 460, realestate has put 400, maybe a typo. not checked their work and signed it and sent it on

  • rektrading on 09/05/2022 - 19:56

    The Property she is in got sent a rental renewal with an increase to 400pw. It was signed by all parties,.

    Does the tenant have a copy of the contract?

  • capslock on 09/05/2022 - 20:55

    Could the $60 be catch up rent for past rent owed? Might be where the infront account comes in, whatever that is.

    • letmethefuqin on 09/05/2022 - 20:57

      I think she means, the 2 weeks in advance you normally pay so you're always a head in your rent

  • skid on 09/05/2022 - 21:15

    Was the contract handwritten in a way that the 0 looked like a 6?

    • letmethefuqin on 09/05/2022 - 21:31

      nope,
      Typed, on a General Tenancy agreement RTA form 18a

  • cheaplee on 09/05/2022 - 22:30
    +1

    Well then she should take them to court and represent herself. Can't be that complicated right - article 1 Contract. Article 2 bank statement. Nothing more to add your honour

  • screensaver on 10/05/2022 - 06:21
    +2

    The hot water should have been fixed immediately. She needs to get tenancy advice

  • Cheaplikethebird on 10/05/2022 - 09:08

    Are they actually taking $460 out per week or are they charging monthly?

  • barge-in hunter on 10/05/2022 - 11:16

    As far as the hot water is concerned, that classifies as an urgent repair - in most states she can pay for this herself (whatever the cost is ;) and deduct it out of rent until she's been reimbursed.

    Not ideal as she's out of pocket for the immediate expense, but this situation is what the law is design to prevent

  • letmethefuqin on 21/05/2022 - 09:14
    +1

    Just an update for anyone who cares

    Nothing changed, she took them to court and the real estate didn’t show.

    The owner sold the property and the new owners are ignoring the fact that there is a 2 year lease in place and told her in writing she has 30 days to vacate.

    As of this morning they sent her an email stating she had to vacate the property by midnight as the property is now deemed unliveable and if she doesn’t the matter will be held at QCAT

    Personally I asked her what grounds is the property unliveable - eg what has she put in for repairs

    She stated she informed them the hot water flooding the garage and mould as a result which was issued to them in November and they never did anything

    She has contacted the RTA and the police too

    • Baysew on 21/05/2022 - 10:02

      Nothing changed, she took them to court and the real estate didn’t show.

      What was the final decision?

      In any case, would seem the best course of action would be to look for another property.

    • cookie2 on 21/05/2022 - 15:02

      Tell your friend to stay put for now and raise a dispute through the below link with RTA. All by email and go ahead with rta and police. She should ask for information on how it has been deemed unlivable, according to qrta …
      https://www.rta.qld.gov.au/during-a-tenancy/events-that-impa…

      A property becomes unliveable when it:

      is fully, or partially, destroyed (e.g. due to a natural disaster)can no longer be used lawfully as a residence (e.g. building is condemned) – contact the relevant authority (e.g. local council) for more information.

      The unliveability of a property must be considered on a case-by-case basis.
      And

      Ending the tenancy

      A tenancy does not automatically end when a property is declared unliveable.

      A tenancy agreement will only end if one of the following happens:

      property manager/owner and tenant agree in writingtenant gives the property manager/owner a Notice of intention to leave (Form 13), or Resident leaving form (Form R13) for rooming accommodation, on the grounds of non-liveabilitythe property manager/owner gives the tenant a Notice to leave (Form 12) or Notice to leave (Form R12) for rooming accommodation on the grounds of non-liveabilityQCAT makes an order.

      The agreement ends on the date the notice is given. However, the person giving the notice may choose a longer notice period.

  • lksam on 22/05/2022 - 20:45

    Tell your friend to contact Queensland consumer affair to look into the mater of the property manager regarding the rent and also ask for compensation from the day the hot water problem - it is one of the essential utilities that must be fixed within 24-48 hours when she take the matter thru the QCAT(from the previous owner) documents and take pictures of everything. If they go to QCAT to get your friend vacate the property due to unlivable condition tell her again to ask for rent compensation from the new owner that she has been paying all these times. Ask for inspection at the QCAT hearing, the member may send for inspection if the property is livable or not. If tenants pay their rent and do all the right things.

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