Lease agreement and penalties

[guitarist28]

Hey all,

We've been renting a property for the last 6 months.

Upon moving in there were some issues in the property which we were informed will be actioned asap. Well, here we are 6 months later and still nothing. I'm not gonna go into detail but this has been brought to both the owner and the agency's attention almost monthly, to the point where we, at this moment, want out of the contract as we've been more than patient in this regard and every time we mention "we're still waiting" to the owner and agency, there's an excuse and empty promises.

The agency is adamant that our request to get out of the contract early will carry financial penalties, despite the fact that the owner is failing in his duties and responsibilities. We are still willing to give a full month's notice but now they are throwing this penalty threat our way.

IMO this isnt reasonable. The owner isnt keeping up his side of the deal, hence the decision to cancel the contract.

Anyone clued up on these things that can provide some info/legal standpoints?

Thanks!

 

[ToxicBunny]

What type of issues are these?

If you can get them fixed yourself, tell the agency/owner you are willing to do so and you will offset the cost against the rent and hand them the invoices.

 

[guitarist28]

What type of issues are these?

If you can get them fixed yourself, tell the agency/owner you are willing to do so and you will offset the cost against the rent and hand them the invoices.

I dont think so....the owner committed to it but isnt coming to the party...6 months in....plus, the contract states repairs made by the tenant is not allowed to be deducted off the rent.

 

[ToxicBunny]

I dont think so....the owner committed to it but isnt coming to the party...6 months in....plus, the contract states repairs made by the tenant is not allowed to be deducted off the rent.

There has to be a timeframe for repairs to be effected by the owner in the contract..

If not, then you approach the agent and state you want to do the repairs, purely because the owner is not coming to the party.. and if they refuse then lodge a dispute with the EAB and the Tribunal and such... make life difficult for the owner and agent.

 

[nand]

I dont think so....the owner committed to it but isnt coming to the party...6 months in....plus, the contract states repairs made by the tenant is not allowed to be deducted off the rent.

Just a side note, that's a ****ty contract to sign.
Normally it states that in certain events that pose any sort of risk to either party involved, the other party may perform actions to remedy the consequences thereof with some notice.

Example: "Hey owner of the window which fell off it's support brackets and shattered into a million pieces. I'm deducting the cost of a professional to fix it from the rent. ktnxbai"

That mostly applies for issues related to basic health and safety.

What type of issues are these? if they are serious, the contract may not even mean anything.

 

[Sean008]

Firstly, make certain all comms are in writing, email works well here. Send them a list of defects to be fixed, reasonable period to effect repairs, then, when nothing happens, give written notification of owners breach and notice that since he's in breach, you have elected to offer him 5 working days to remedy breach starting ...... ending....... Upon completion, there must be written agreement that repairs are done to your satisfaction. Should it not be to your satisfaction, or if the landlord failed to effect repairs, then you will have no option but to terminate the contract with immediate effect. Put it down in black and white.

 

[Goliath]

What area u renting? Give them a final written request to address issues by a certain date otherwise youll report it to rental tribunal..