Renting - Agent Lied - Owner not fixing place

[RedViking]

Seriously? Have you not been reading all the many posts about just such similar things?

Not me bud. Someone else that need to move into the place.

 

[quovadis]

No. Have been desperately searching.

If you haven't as yet, perhaps cold call all the agents listed on rental listings in the area on Private Property or other rental sites - they sometimes have pocket listings for the new month as they have to be cleaned first etc.

 

[RedViking]

If you haven't as yet, perhaps cold call all the agents listed on rental listings in the area on Private Property or other rental sites - they sometimes have pocket listings for the new month as they have to be cleaned first etc.

Have phoned every agent. This was the last resort.

 

[Splinter]

This is true. They were in a desperate situation. Believed the agent. So now we need to take the situation as it is and work from there. The rest "should have done this and that" is preaching to the choir. The worst case scenario is going to get a refund and be without a roof over their heads or accept the place as it is, although I am sure someone with more knowledge in this will be able to say what can be done.

Ok, what area is this?

Because rentals are soft all over the country. If they had the cash to pay deposit plus a months rental then it should have been easy.

 

[Splinter]

Not me bud. Someone else that need to move into the place.

OK, my bad. But read my previous post.

 

[RedViking]

Ok, what area is this?

Because rentals are soft all over the country. If they had the cash to pay deposit plus a months rental then it should have been easy.

It wasn't easy. It is a very difficult situation. Anyways, I don't want to go too much into that. Just want to find out what is legal or not legal for Agents / Landlords to get away with to see if something can be done before the lease is finalised.

 

[Splinter]

It wasn't easy. It is a very difficult situation. Anyways, I don't want to go too much into that. Just want to find out what is legal or not legal for Agents / Landlords to get away with to see if something can be done before the lease is finalised.

If there is no lease, we cannot argue lease terms. So, next thing is, is it a Sectional Title? Because, in that case, there are a lot of proviso's to help out with.

 

[Calkem]

Supposing they is no rental agreement in place, I dont think that you too many options at this point.

1. I wouldnt recommend moving in and fixing up the place, the costs will be for the lessee, unless if under rental agreement the lessor pays the lessee. It could be via dectuction on rent or pay-back. And I think to include the right contract at the last minute will be difficult, because it has to be specific.

Since you dealing with a lying agent I would think that you do not want to deal with this person ever again. You dont want to be stuck 12 months with that type of agent. Best just request a refund of all the monies paid and your friend moves in with you or family or a lodge for the time being, hire a storage garage and get on with life. Your friend then has enough time to get the right place, its possible to even get sorted early Jan.

They is also a strong likelihood of claiming the storage, hotel costs. For that you would need strong evidence (e-mails, rec conversation) but it is really not worth it

 

[RedViking]

If there is no lease, we cannot argue lease terms. So, next thing is, is it a Sectional Title? Because, in that case, there are a lot of proviso's to help out with.

It is in a complex, yes.

 

[Splinter]

Supposing they is no rental agreement in place, I dont think that you too many options at this point.

1. I wouldnt recommend moving in and fixing up the place, the costs will be for the lessee, unless if under rental agreement the lessor pays the lessee. It could be via dectuction on rent or pay-back. And I think to include the right contract at the last minute will be difficult, because it has to be specific.

Since you dealing with a lying agent I would think that you do not want to deal with this person ever again. You dont want to be stuck 12 months with that type of agent. Best just request a refund of all the monies paid and your friend moves in with you or family or a lodge for the time being, hire a storage garage and get on with life. Your friend then has enough time to get the right place, its possible to even get sorted early Jan.

I'm thinking this is a completely farked up scenario. Family scrounged up the money; but will have no money to challenge the illegalities.

 

[quovadis]

It wasn't easy. It is a very difficult situation. Anyways, I don't want to go too much into that. Just want to find out what is legal or not legal for Agents / Landlords to get away with to see if something can be done before the lease is finalised.

A verbal contract is enforceable but it will be a battle as it turns into a he said, she said, but I mean't this and you thought that. If the agent works for an established estate agency then call them and ask to speak to the principal agent/franchise owner. Explain the situation and bad faith and state you'll be going public and submitting complaints to the EAB, approaching small claims for relief and damages related to hotel rental and inconvenience costs unless you can urgently reach a compromise. Hope sanity prevails.

 

[Splinter]

It is in a complex.

Ok. Although likely, it is not certain it is a Sec Title complex. But if so, the new SEC Title Act will make the owner and agent in for a world of pain.

 

[RedViking]

Supposing they is no rental agreement in place, I dont think that you too many options at this point.

1. I wouldnt recommend moving in and fixing up the place, the costs will be for the lessee, unless if under rental agreement the lessor pays the lessee. It could be via dectuction on rent or pay-back. And I think to include the right contract at the last minute will be difficult, because it has to be specific.

Since you dealing with a lying agent I would think that you do not want to deal with this person ever again. You dont want to be stuck 12 months with that type of agent. Best just request a refund of all the monies paid and your friend moves in with you or family or a lodge for the time being, hire a storage garage and get on with life. Your friend then has enough time to get the right place, its possible to even get sorted early Jan.

Well hopefully they follow the advice given and make sure it is month to month.

 

[MirageF1]

If you fail to put **** in writing in the modern world, well then I guess it’s a lesson you are going to have to learn.

Also general advice, don’t buy anything that needs anything to be done to make it acceptable, take the thing that is already acceptable instead.

Or email. Fax or carrier pigeon.
Oral agreement might be legally binding but is nigh on impossible to prove unless 3rd party objective witnesses are present. Essentially words mean squat.

 

[RedViking]

Ok. Although likely, it is not certain it is a Sec Title complex. But if so, the new SEC Title Act will make the owner and agent in for a world of pain.

Linky please!

 

[Splinter]

It is in a complex, yes.

What area is this in? I have an attorney friend who could make the owners bleed.

 

[quovadis]

Ok. Although likely, it is not certain it is a Sec Title complex. But if so, the new SEC Title Act will make the owner and agent in for a world of pain.

You cannot have a dispute with the body corporate related to a dispute with the owner of the section or their agent.

 

[RedViking]

A verbal contract is enforceable but it will be a battle as it turns into a he said, she said, but I mean't this and you thought that. If the agent works for an established estate agency then call them and ask to speak to the principal agent/franchise owner. Explain the situation and bad faith and state you'll be going public and submitting complaints to the EAB, approaching small claims for relief and damages related to hotel rental and inconvenience costs unless you can urgently reach a compromise. Hope sanity prevails.

Yeah there is no time or money for this.
Okay, they will have a discussion with the agent tomorrow and see how things go.
Will check for other places in the meantime although it is gonna be a bit of a mess.

 

[RedViking]

What area is this in? I have an attorney friend who could make the owners bleed.

Currently I am avoiding this. Had enough of attorneys and legal battles for now.

Lets try a peaceful civilised approach first. Eish.....

 

[quovadis]

Well hopefully they follow the advice given and make sure it is month to month.

If they decide to move forward with the lease make sure you specifically amend the term of the lease - the CPA provides for cancellation but also "reasonable" charges in the event of such - the reasonable part is also up to interpretation. Furthermore, make sure the property is inspected and photographed in its current condition and email the records and notes to the agent and owner to ensure a record of the inspection.