Rental: Okay to pay bond before signing paperwork? (+other issues)

dna level c on 22/01/2019 - 16:30
Last edited 22/01/2019 - 17:32

I went to inspect a property on Friday, and I must say that the photos were quite different than reality.

In the photos the property had a pool and a nice looking yard; in reality the yard was half dead and the pool was falling apart and looking like shit.

After speaking with the agent they assured me the pool would be ready for the 1st of Feb move-in date, so I applied.

Today I rang to follow up on my application and I’ve been told it’s going to take 4 weeks for a new liner, but that they would reduce my rent by 25% until then. I said this is fine provided we got it all in writing.

A short while ago I got an automated email asking me to BPAY the bond within 24 hours and 2 weeks rent with a short blurb saying the rent was reduced “until such time the pool is in working order.”

They don’t want to delay the move-in date until the pool is fixed.

This is in SA, through a well known agency.

I have some serious concerns about this situation. I haven’t signed anything except the original application, and I’ve not been presented with anything else aside from that.

What precautions should I take? Advice?

This just seems really off.

Thank you.

Home & Garden

Comments

  • HighAndDry on 22/01/2019 - 16:37
    +4

    Generally I'd pay a small deposit (to show genuine interest) but certainly not the whole bond or any rent in advance until I was looking at a copy of the rental agreement with everything agreed by the agent there in writing.

  • BrenAce on 22/01/2019 - 17:14
    +4

    In QLD, it isn't legal to ask for a deposit without showing a prospective tenant a copy of the proposed agreement and offering them an exclusive negotiating period, during which they may choose not to proceed.

    It'd worth having a look at the SA residential tenancies website and the relevant laws that apply there.

  • bobbified on 22/01/2019 - 17:38
    +1

    For myself, if I was happy with those conditions with the reduction in writing and I knew I was going to sign the lease anyway, I'd just pay it. Unless there's some special reason to doubt it, all the agreements I've seen and signed over the years have standard terms. Just make sure the BPay client ID is for that real estate agency.

    Worst case, if there is something wrong with the contract/lease agreement, I wouldn't sign it and demand a refund. But I would be willing to go out of my way to not let them get away with it if they tried to screw me.

  • hmac on 22/01/2019 - 17:49
    +3

    I would call them up if i were you, and ask for a rental agreement with everything agreed upon written in it. Once you have signed the rental agreement, thats when you should be paying.

    If you pay now, you have no agreement, and they may deny promises made

  • oscargamer on 22/01/2019 - 18:12
    +2

    Sign first, then money changes hands

    Do not do otherwise

  • trustnoone on 22/01/2019 - 18:37

    I think its kind of like a deposit? My guess is when you pay it locks the place off as yours, until you've paid I think they still have to advertise the place (at least thats what an agent told me once, no idea if its true). Do you know what the bpay request is from? Usually you have to pay into some sort of "bond" fund thing, like the agent doesn't hold onto your bond, this place does. Though they may be asking you for the bond so they give it to that place.

    You probably already know this, but you'll have to fill out the "how good is everything" form, make sure to take time/dated photos of all issues in the place when you arrive (including pool and the half dead backyard). It just helps if you have deposit issues later incase they try to take some bond by pretending the backyard is as good as the photos advertised when the reality obviously isn't.

  • [Deactivated] on 22/01/2019 - 18:49

    You have the discount in writing (email) so that is good enough.

    As for the condition, that all comes down to the initial property inspection, so really want to go over that with a fine tooth comb and if you disagree with anything then you need to make that known immediately.

  • tranter on 22/01/2019 - 18:51
    +1

    Like others have said the bond and 2 weeks rent should only be paid when you are provided with the rental agreement (and bond lodgement form) and you are happy with the terms. It doesn't make sense to pay it earlier.

    Bond money is for bond and rent money is for rent, it's not meant to be used as a form of deposit to hold the place for you.

  • payton on 22/01/2019 - 18:56
    +1

    Do you really want to live there tho, and deal with agent who seems only too happy to spin you promises and stories. Place looking like sht b4 you even move in. The rent had better be really cheap and take photos of everything

  • dna level c on 22/01/2019 - 19:10

    Thank you everyone for your advice and help.

    I'm currently reading through the SA Residential Tenancies legislation.

    Keep the advice, information and help coming.

    Thanks again.

  • serpserpserp on 22/01/2019 - 19:38
    +1

    Take a step back and tell us what your real issue is.

    Do you want to rent the house anyway regardless of the pool issue? If they never fix the pool, you'll always have the rent at 25% discount which is pretty high I would have thought. So rent it.

    If the pool is a must before you move in, just tell them that and you don't want the rental date to start until that is fixed. They might tell you to get stuffed, in that case, do you want to rent the place at the 25% discount? See my first point.

  • Diji1 on 22/01/2019 - 22:00

    Like 90% of the privatised accommodation system the listing is a scam according to you because of the photos. The user is shown high quality accommodation when the reality is that the place is a dump.

    Now the agent is attempting to further scam the user by taking deposits that are illegal in some states if not SA before any sort of agreement has been signed.

    As per usual this behavior is carried out by large businesses as a standard way of doing things while they pay off the government through lobbying so they can continue screwing people.

    • payton on 23/01/2019 - 14:46
      +1

      maybe if you don't look at life super negatively and blaming everything around you, you realise things are pretty decent here.

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