New Real Estate Agent Being A Crook

Hi guys, it's me coming in hot with another issue. So I looked at this place 3 weeks ago and applied for it, decent sized 2 bedroom unit. Straight away you can smell the cigarette bomb the tenants have left the place in, pretty much every room just reeked of it.

So when I applied I wrote down in "special requests" that the place needed a good clean AND carpets to be steam cleaned. Fast forward to last Saturday I pick up the keys and the agent tells me they couldn't give us the key earlier because they were cleaning the place, so I thought "that's great, the place gonna be clean and ready to go".

But yeah nah. I get there, the carpet is filthy, not steamed. The place is still smelling like a beer garden filled with smokers and nothing is clean.

To give you some examples, the venetian blinds were mouldy, black and dusty, and the kitchen blinds were orange from so much grease. The bathroom shower area was hella mouldy and the oven was not even touched - trays full of crusty old food.

Immediately I sent an email to the agency telling them the situation (with photos) and on Monday they replied to me saying they MIGHT be able to get the cleaner in to do the oven and that "everyone expects a different level of cleanliness". I asked about the carpet and he says he has a receipt of it being PROFESSIONALLY steam cleaned. I run a cleaning company and work with a steam cleaner and I know when one was used or not.

My main issue is that their condition report stated that the place was in mint condition, steam cleaned. Mine was completely different. I've rented many properties in the past and have never had issues/always had full bond returned.

They sent the cleaner back for the oven, and funny enough when I mentioned the carpet, he said he tried cleaning the carpets but was too dirty. He shows me a video of him emptying the bunnings carpet cleaner and I was like "oh that's funny I hired one this morning to do the exact same and the water kept coming out black". So now I have proof that the unit was not steam cleaned at all.

I called up Fair Trading and was advised I would win 100% at tribunal if I could provide them with the email trails and evidence the place was not clean, so I emailed them back saying that it wasn't in a presentable/livable state and I propose we get a steam cleaner in + get 1 weeks free rent.

The agent emails back saying they didn't breach anything, the place was for rent as is and the LANDLORD would give me 1 week free or we could leave without notice. So now we look bad and they put it on the landlord, even though it was their lack of involvement and attention that lead to this. They probably released the previous tenant's bond already. Do I just take the 1 week or do I pursue it at tribunal, I don't want the landlord to be liable for their mistake.

Comments

  • Why did you even apply if it smelled like smoke in the first place?

    • Also, when you were reviewing the Lease prior to signing, did you accept to take the premises "as is" without confirming the condition of the apartment?

      "Special requests" in a rental application do not translate to Lease clauses.

  • Do I just take the 1 week or do I pursue it at tribunal, I don't want the landlord to be liable for their mistake.

    I'd take the week. A rental agreement is a two way street and you're really hammering your relationship with the RE Agent before the lease has even got going.

    Why did you sign the lease if the place wasn't up to scratch? Do you have written evidence of them saying they'll steam clean the place and do they acknowledge the cigarette smell is there in writing?

    The tribunal will deal in evidence and if someone from Fair Trading told you it was an open and shut case then they should be fired. Fair Trading should explain your rights to you, not comment on the validity of your case.

    I would contact Tenants NSW and have a chat to them. I would highly advise you not to go to Tribunal as it sounds like the RE is playing ball but you just want more. You signed a lease on the place as-is and the law states it has to be in a reasonably clean and livable state. I'd be very sure of the cards you hold before you start antagonizing the agent - remember if you choose to stay you'll have to deal with this agent for everything, and you'll also want your bond back and a reference when you leave. It's a two way relationship and both sides need to be reasonable.

    If you were offered a free weeks rent, take it and use the saved money to get the house cleaned to your satisfaction, or take the free week and ask the RE if you can go halves in a really thorough clean. You will still be up on money in the end and then everyone is happy. Just try not to destroy the relationship with the RE at the beginning of a lease, that's a sure way to ensure you'll have constant dramas in your life.

  • +13 votes

    New RE Agent Being A Crook

    and water is wet.

  • The Landlord isn't your friend, and neither is the Agent. The Agent is the representative of the Landlord, if the Landlord isn't on top of their Agent they are both at fault. It's a shame these days as a tenant you're got legal rights, but then you also get 'blacklisted' easy enough too. They can and will take advantage of those who need a property, and rarely do what they are legally obligated too when the mater is of a 'trivial' mater.

    I'm sure you chose this place because it's not easy finding a place, so you need to see if you want to push this and then in a period of time they increase the rent when they can and do so consistently or even send you on your way if you are too troublesome.

  • +2 votes

    TL:DR

    • OP has dispute with Real Estate Agent over the condition of rental property they wanted to move in to.

  • Have you moved in? Hope not.

    The Agent can write whatever they like in the Entry Report on the Owners Section. You'd need to complete your Tenants' Section. Make sure you write down everything clearly, with photos and videos.
    This will become handy.
    As for "professional" carpet cleaner, hiring one from Bunnings is not professional!

    Check your Lease and try to understand all the T&C….

    Just curious, where is the property and how much is the rent? .
    .

  • I would take the one week's "free" rent and use that money to hire a cleaner.

    But still note the entry condition and existing damage on the Condition Report that you send back.

  • I don't want the landlord to be liable for their mistake.

    The landlord is responsible for the RE agent.

  • Leave without notice, and find a new place, you obviously aren't happy there, that feeling of unhappiness will just get worse. The landlord is always ultimately at fault, either they didnt care what the real estate agent did, or they dont care at all.

  • Make sure you note all that shit on the condition report. Then when you leave, don't bother vacuuming, cleaning the blinds, etc. You don't have to leave the place in mint condition if it was given to you filthy.

  • I'd get out while the option is available for you to do so without being penalised financially, don't get bogged down in an argument with stupid, just go somewhere else.

    Take ALL THE PHOTOS before you hand the keys back to the agent.

  • Why don't you just buy your own house, your such an expert on things? FAIR TRADINGS, Tribunal, haha, your anger at not being a homeowner Is being transferred onto these landlords.

    • Out of all good replies I'll be replying to your arrogant ass.

      I'm an 'expert' because there's something called rights. Fair trading handles tenancy disputes all the time. If you have visual proof that contradicts the agent, tribunal always favours you.

      Lastly, we own a house in newtown. Gtfo