Real Estate Agent Demands Extra Days Rent

Barbequemilk on 08/10/2017 - 05:54
Last edited 08/10/2017 - 09:25 by 1 other user

Hi, Ozbargainer .. I have a problem with my agent, I did complaint to fair trading but already 3 days have not get any answer yet.

The problem is, my agent wanted extra 1 day money from us because their said I gave them late noticed for leave the property, at fair trading it should be 21 day. In fact, I did give him noticed more than 21 days so its more than enough for them.

The story begin like this, I do know that I have to give them notice 21 days before I move out from the property, so I gave notice from 1st of September, and I paid 3 weeks rent at front from 6th Sep to 27th Sep, because they collect my rent every Wednesday, I thought I will move out at 27th September in fact I have to move out at 26th September. I knew it because they send me an email at 8th September said that I have to paid extra one day money if I want to move out at 27th of Sep, than I did reply to them I said, OK it's my mistake and I will move out at 26th of Sep so I don't have to pay that extra one day money for them, one of their staff said OK if I moved out 26th of Sep then I don't need to pay extra money.

Now they want that extra one day money because another staff said I gave them late notice and they said in the computer system they already put me noticed at 8th of Sep and it can not change. I haven't pay the money yet because I still waiting result from fair trading.

I know it's only extra one day, but I don't like the way they treat me, before one staff said OK I don't have to pay and another one said I have to pay now, if I know I should leave at 27th Sep, I don't have to rush when moved out.

So, Ozbargainer do I have to pay them and move on or I have to fight dodgy agent like this one?

Thanks for your help ozbargainer

Home & Garden

Comments

  • BensonP on 08/10/2017 - 06:39

    Did you give notice in writing? Email? Letter?

    If not, you're going to have a hard time arguing your case.

    • Barbequemilk on 08/10/2017 - 06:45

      I did by email and i still keep it on my email and also i did sent it to fair trading

      • 87percent on 08/10/2017 - 09:26
        +20

        Did you write it like you wrote your post? Maybe he has a huge headache from reading your email?

  • BensonP on 08/10/2017 - 06:47
    +2

    Then this shouldn't be an issue.

    Tell the real estate, you have the email showing it was sent 21+ days earlier.

    It's not your problem and real estate manager doesn't check their email.

    Good luck :)

    • Barbequemilk on 08/10/2017 - 07:14

      I did call them to discuss about it, they knew that i gave him notice at 1st of sept but he said i did change it on 8th of september, and he said his computer system can not change the date from 1st of sept. Now he gave me last warning notice to pay that extra one day. I did reply him, i told him i still waiting result from fair trading.

      • Slippery Fish on 08/10/2017 - 07:26

        Why would you be responsible for their bad system, you changed the out date because they pretty much suggested it.

  • KaTst3R on 08/10/2017 - 07:03

    Under common law

    …..…if a notice arrives at the address of the person to be notified, at such a time and by such a means of communication that it would in the normal course of business come to the attention of that person on its arrival, that person cannot rely on some failure of himself or his servants to act in a normal businesslike manner in respect of taking cognisance of the communication, so as to postpone the effective time of the notice until some later time when in fact it came to his attention.

    Tenas Steamship Co Ltd v Owners of the Motor Vessel ‘Brimnes’ (The Brimnes) [1974] EWCA Civ 15; [1974] 3 All ER 88 per Megaw LJ at 113……..

    What it is trying to say is, you sent it, they received it and under normal course of business the agent would have read it. It is no fault of yours for their failure to open the email and delay the effective time of notice.

    • Barbequemilk on 08/10/2017 - 07:27

      Thanks i will use this as my reference..

      • ATD on 08/10/2017 - 08:11
        +10

        Don't!

        First point of call is to always see what legislative provisions apply and if none, then refer to common law - and even then I would not use such an old case for electronic delivery when there are so many recent decisions on the issue. The relevant act dealing with notice by email is s8 of the Electronic Transaction Act 2000. However, s223 of the Residential Tenancies Act 2010 is specifically relevant on the issue of service in this matter.

        Your other relevant primary source is the Residential Tenancies Act 2010 and in your case, the relevant part is Part 5 Division 3. Read that and make sure you have complied with your obligations and if so, stand your ground and refer the agent to the relevant legislative provisions.

        Of course, Fair Trading provide a good info sheet to makes everything easy to understand that you could refer the agent to.

        Edit - Just to add, the real issue at hand is whether you initiated a change of date (under your notice) or whether the agent did. This is relevant as to whether your notice is valid - being the argument of the agent. You should have the agent put their case/position in writing in emails as telephone calls are problematic to evidence. From what you said, even if the date is/was wrong by one day, if you have complied with s97 with either date, you should still be fine and the tribunal would more likely than not side with you if they accept the date in the notice was a simple error.

        • Barbequemilk on 08/10/2017 - 09:19

          I think i gave them more than 21 days notice, i gave him notice at 1st of sept, and on wednesday (6th of sept) i paid for 3 weeks rent until 27th of sep, then he replied me by email at 8th of sep said that i still have to pay another one day if i want move out at 27th of sept, then i said, it was my mistake and i will move out 26th of sept so i dont have to pay another one day, the manager said ok if i move out at 26th of sep. i got the unit clean up on 25th of sep and i gave all the key to manager on 25th of sept, now he said i owed them one day, he said i gave him notice at 8th of sept not 1st of sept. So i am not sure who fault is it, as i gave him notice more than enough for 21 days. If my fault, i will pay it, but to me it wasnt my fault as i gave him notice at 1st of sept

        • ATD on 08/10/2017 - 10:01
          +3

          @Barbequemilk: Completed a detailed reply to you and then noticed that you haven't actually thanked anyone on this thread by giving them a +vote in taking the time to try to help you. Not that I reply to these things seeking +votes, but it is a simple act on your part in recognition of the more helpful replies that you value that person taking the time to try to help/assist you - which is what you are after when you asked the question "…do I have to…".

          Best of luck with it.

        • Barbequemilk on 08/10/2017 - 11:07

          @ATD:

          No no, dont miss understanding, in the first post, i said thanks for your help ozbargainer.. and also i still new that i dont know how to use +votes, and thanks for your wish of the luck.

  • Stewardo on 08/10/2017 - 08:27
    +1

    Am I reading this wrong, didn’t you give 16 days notice of the amended date. It’s pretty petty of them, but you might have to pay.

    • Barbequemilk on 08/10/2017 - 09:21

      No, i gave him 26 days of notice, my notice from 1st of sep to 26th of sept

  • tassieeagle on 08/10/2017 - 08:56

    Honestly went are they bothering with all this over one day's rent? Sounds very petty and a waste of time. Good luck with it

    • MITM on 08/10/2017 - 11:43

      RE want EVERY cent, if not more.

      • [Deactivated] on 08/10/2017 - 21:41

        How much is the day worth?
        How much do they get paid?
        Ensure you first waste more that double the days rent in their time.

  • CyberMurning on 08/10/2017 - 09:44

    already 3 days have not get any answer yet.

    Gee please wait longer they are not serving you but the whole nsw.

    • Barbequemilk on 08/10/2017 - 11:12

      It wasnt me to rush fair trading, i dont care if it take 1 or 2 weeks.. and i knew there are many many problem in nsw that more important than this, but the agent who rush me to pay and give me final notice.

  • garetz on 08/10/2017 - 11:57
    +5

    The first problem is english is obviously not your first language, and makes it hard for people to understand your intentions. Use your primary language, goto google translate, and input it, to get an english translation, it will propably make more sense as far as syntax and grammar goes.

    Just refuse to pay, you have no legal obligation to pay anything more than was agreed to, just cause the real estate agent sais you have to, makes no sense. Make sure you get your bond back asap. Then move on.

    • Barbequemilk on 08/10/2017 - 12:00

      Thanks for your understanding.

  • bobbified on 08/10/2017 - 14:32

    If I understand you correctly, you originally gave notice on 1st Sept with 27th being your moving out date, but there was some discussion on the 8th Sept about the actual final moving out date and it was agreed that the final date should have been 26th.

    I'd stick to the 1st Sept being the date that the notice of intention to vacate was given. Had they not taken a full week to acknowledge your email, then this whole extra day's payment wouldn't even be a part of this conversation.

    It's the RE's fault for not responding earlier, so I'd be telling the agent to go f themselves.

    • Barbequemilk on 08/10/2017 - 15:24

      If dont want to pay for it, do you think i can get my bond money?
      Sorry for my bad grammar and thanks for your comment, i should have delete this thread because its hard for understand my grammar, but i dont know how to do it

      • lainey13 on 08/10/2017 - 19:59
        +2

        If you point out calmly that you already gave notice on the 1st via email, which is sufficient notice therefore they have no grounds to demand extra payment. They cannot just take away your bond, if they want to minus an amount from it you can dispute this and take it to VCAT where you explain how you already gave notice and there's no reason to withhold any of the bond. Agent would be a fool to waste time going to VCAT over this, more likely they'll hope you don't complain and just sign the bond receipt (minus some amount) which you SHOULD NOT. They have 10 days to return the bond, if they take longer than this then you claim it back. In full!

Login or Join to leave a comment
Login Join