Need Help in Issues with Rent Agreement

Astute on 09/07/2021 - 19:14

Hello Everyone I signed a lease this Monday, since it was getting colder in Sydney I got a heater free from FB today and was not planning to use it since I didn't have the money, initially the landlord had discussed that there will be extra charges of $25 per week for heating while signing the lease, now when he saw me that I had brought the heater, (note that I didn't even put the heater in my room it was outside the house) he said I should have informed him and its breach of trust, Honesty and all that BS, now he wants me out of the house, I have paid 2 weeks rent and deposit, is there anything I can do against him for such treatment? I dont want to go house searching again, especially in covid restrictions ? can anyone help ? any lawyers here who can suggest some advice ?

This was one of the conditions in the lease:

During the term of the agreement, the tenant retreats in advance and the landlord let the tenant to move out , It is necessary to notice each other in advance two weeks and extra pay the other party two weeks' rent as compensation.

Entire Agreement in the Link
link

Home & Garden

Comments

  • Hybroid on 09/07/2021 - 19:19
    +1

    No idea on the legalities, but sounds like a shitty landlord in the first place if you're treated like this within the first week. Looks like you're doing your own self a favour finding somewhere else.

    • Astute on 09/07/2021 - 19:29

      Already looking for a new place now , i just want to know if i can get my money back of the deposit?

  • DogGunn on 09/07/2021 - 19:22
    +3

    That is an incredibly informal lease agreement. Not sure if many of clauses would have legal effect in NSW.

    That said, given that rent includes the utilities, I don't think it is completely unreasonable to charge you extra for electricity. Those electric heaters are huge power consumers, particularly the larger ones.

    Unfortunately, you really need to go speak to a lawyer. You've got a proper issue, particularly when it involves you being told you need to leave.

    Given the urgency of the situation, it would probably be best to try Legal Aid NSW.

    • Astute on 09/07/2021 - 19:22
      -1

      can i call the police ?

      • DogGunn on 09/07/2021 - 19:23

        Doubt it. What crime has been committed?

        • Astute on 09/07/2021 - 19:24

          He is throwing me out , regardless of me having paid rent of 2 weeks and he is breaking the lease not me!

          • DogGunn on 09/07/2021 - 19:26
            +1

            @Astute: Are you still permitted in the premises?

            If you call the landlord, and it isn't clear if you are, you're the one that could get into trouble.

            The rent paid to them is a civil issue, not a criminal one. Being on the property when your access is revoked (rightly or wrongly) is a criminal issue.

            • Astute on 09/07/2021 - 19:27

              @DogGunn: Yes i am in the property , i am living with him, he is sub renting his room of his big house.

              • DogGunn on 09/07/2021 - 19:34

                @Astute: Hold on, have you been kicked out today, or been told that you need to be gone in the next two weeks?

                • Astute on 09/07/2021 - 19:35

                  @DogGunn: I have been told to be gone within two weeks starting today.

                  • DogGunn on 09/07/2021 - 19:37

                    @Astute: Then I'm not sure what the issue is here to be honest. Use that two weeks to find a new place.

                    Even with that terribly drafted agreement, it appears to be within their rights to give you two weeks notice to vacate.

                    If you really want to push your luck, go speak to a rental association and see what they say. Normally under a formal lease they need a longer period of time to ask you to vacate for no reason, but I'm not sure why you would want to do that (or if they even have to give someone in your situation a formal notice) unless you're sure you won't be able to find a new place in two weeks.

                    • Astute on 09/07/2021 - 19:40

                      @DogGunn: But they are breaking the agreement , doesn't that mean i am entitled to get two weeks rent ? according to rule 8 in agreement?

                      • DogGunn on 09/07/2021 - 19:55
                        +2

                        @Astute: Let us assume that 8 intended to suggest because he terminated the lease, they have to pay you two weeks of rent:

                        • You ask them to pay you 2 weeks of rent as per point 8.
                        • He says no.
                        • What's your next step?

                        It doesn't cost much to file something in NCAT against them, but it's probably not worth the time and effort to try and get back two weeks.

                        You can ask, but after they inevitably say no it's probably not worth chasing.

                        And just to be clear, the rental money dispute is not something the police will get involved in, as it isn't a criminal matter.

                        The agreement is crap, poorly drafted, and probably not enforceable, but it's probably not worth doing anything about it, because why would you want to live with someone that will make your life hell?

                        It's better to find a new place and just move on.

              • ozbjunkie on 10/07/2021 - 20:26
                +1

                @Astute: Mate this is a terrible situation but it's better to find out your housemate or landlord is a nutcase right at the start, and dodge all the stress that comes with becoming uprooted after you've settled.

                Condolences. Commiserations.

            • derrida derider on 09/07/2021 - 21:04
              +1

              @DogGunn: Complete and utter rubbish about the criminality.

              Once the lease is signed evicting the tenant is a long and formal process, complete with NCAT hearings, written notices served well in advance, bailiffs etc. You can only commit trespass on the property AFTER that process is completed - and even then you must have been warned n advance.

              And there is no way on earth NCAT is going to uphold that lease condition - its flatly illegal. Don't call the landlord, call the Tenants Union.

              • DogGunn on 09/07/2021 - 21:18

                @derrida derider: lol

                Okie dokie. If that makes you feel better.

                Perhaps you should look at the context of my comments. I'm referring to the rental funds disagreement.

          • Miss B on 23/07/2021 - 20:15

            @Astute: Looks like they owe you your money back + 2 weeks rent as compensation.

            • Astute on 24/07/2021 - 18:16

              @Miss B: Thanks, do you have any idea, who should I reach out, i mean legal bodies? Because the owner is declining straight away.

    • Astute on 09/07/2021 - 19:23

      can you explain this " During the term of the agreement, the tenant retreats in advance and the landlord let the tenant to move out , It is necessary to notice each other in advance two weeks and extra pay the other party two weeks' rent as compensation" .
      Does it mean he is entitiled to pay me ?

      • dizzle on 09/07/2021 - 20:23
        +3

        I'm not sure too many could make sense of that. It looks like they're trying to use legal terms to make it more legal, but as far as I'm aware there are illigal terms in there already - Pretty sure they can't make you move out within three days of rent non-payment, whether you signed the form or not.

        As comments above say, ask for the money back and state your case, but it wouldn't be worth taking to the tribunal, I think at least you should get the deposit back.

        Probably good that you are getting out of there.

      • randomusername2017 on 09/07/2021 - 22:01

        " During the term of the agreement, the tenant retreats in advance(request to break lease)and the landlord let the tenant to move out (landlord agrees) , It is necessary to notice each other in advance two weeks and extra pay the other party two weeks' rent as compensation" .
        Does it mean he is entitiled to pay me ?No

        ..unless there's an 8.1 ~landlord retreats in advance making the tenant the other party..

        Point 9 win/win for the landlord.. awarding themselves the remainder of the bond after rental arrears as compensation for breach … or tenant stays and pays arrears + 15% interest..

  • kerfuffle on 09/07/2021 - 19:31

    Looks like a sublease agreement. From what I've read, it sounds like the family doesn't own the house, but rents it, and sub-let a room to you. Is that right?

    Edit: Yes. Does this landlord of yours have permission from their landlord to sub-let a room to you?

    • Astute on 09/07/2021 - 19:35

      No the family owns the house , it rents the rooms , i have rented a room from the family

      • kerfuffle on 09/07/2021 - 19:36
        +1

        In that case, you need to be more clear with your wording as it sounded like you were sub-letting a room from another tenant. If they own the house, they're not sub-letting anything, they're renting a room out. If they don't, then they're sub-letting.

        • Astute on 09/07/2021 - 19:37

          Sorry my bad , English is not my First Language.

  • tsunamisurfer on 09/07/2021 - 19:41

    You haven't explained the situation properly.

    You said there was an extra $25 charge for heating.

    If he is angry is it because you didn't want to pay it?

    But then you got a heater anyway?

    • Astute on 09/07/2021 - 19:43

      Exactly , but $25 per week , also i was not planning to use it since i didnot had the money.

      • Nalar on 09/07/2021 - 19:49

        Point 6 says you cant run a heater and if you want to run heater, you need to pay extra.

      • tsunamisurfer on 09/07/2021 - 19:53
        +3

        Just explain to him you scored a free heater and you were not going to use it until you can pay him. Keep it in the garage.

        This deal sounds crap.

        The landlord sounds like an ass.

        But you also contributed.

      • ozbjunkie on 10/07/2021 - 20:27

        You could work out the actual fee by measuring the power draw of the heater using a device between the heater and wall socket.

        But this guy is a nutter. 25 bucks a week!!!

  • iNeed2Pee on 09/07/2021 - 19:51

    Use this to your advantage and get the hell out of there. If you are staying there for the 2 weeks min notice, he is not entitled to give you any money back.

    • Astute on 09/07/2021 - 19:56

      I have already paid him 2 weeks rent and deposit (2weeks rent)
      will i be eligible to get it back?

  • colinjames on 09/07/2021 - 19:55
    +5

    Start with the Tenants' Union NSW about at https://www.tenants.org.au/tu/about/contacts and realize that what you have posted is not a legitimate lease and all the threats in it are unenforcable. If you are denied access to the building then have a right of habitation that the police can assist you with enforcing through having paid. I hope you have receipts of payment. NCAT can assist further if you have conflict about the lease.

    • Astute on 09/07/2021 - 19:58

      I have done online Transfer of money so i have transactions , I am currently living in the property, i have given 2 weeks rent and deposit of (2weeks) its just been 5 days now , shall i forget about my rent and deposit and move on ?

      • colinjames on 09/07/2021 - 20:03

        You either live there for the time you have paid for in which case there is nothing owing, or you apply to the local court if a lodger, or NCAT if a tenant for a refund of all the money owing. Start with the Tenants' Union NSW for advice.

  • colinjames on 09/07/2021 - 20:07

    If your door has a lock on it, you might be able to argue that you are a tenant which comes with a lot more rights.

    • Astute on 09/07/2021 - 20:09

      no my door doesnt have a lock , when i asked him for a lock he said no lock.

      • colinjames on 09/07/2021 - 20:16

        So that makes you a lodger with less rights of occupation. If you go to the local court they can help you get your money back.
        They cannot hold your goods hostage by changing the locks, and next time sign a standard rental agreement like this one https://files.tenants.org.au/resources/share-housing-agreeme…

        • Astute on 09/07/2021 - 20:17

          Thank you , will ask for my money back, will keep in mind while signing the lease next time

  • Fier2 on 09/07/2021 - 20:09

    Seems like the landlord just want to score the 2 weeks rent deposit without having you around. They were just waiting for you to do one thing to kick you out without giving you back your rent. Look like you got scam!! So sorry to hear that. Hopefully you can find something else quickly .

    • Astute on 09/07/2021 - 20:10

      SO i won't be able to get my rent or deposit back at all ? no one can help ?

  • SmiTTy on 09/07/2021 - 20:10

    I would certainly be asking for my money back if I was in your situation. U stay there for the time you've paid. So he can let u stay the extra 2 weeks, or refund u the 2 weeks

    • Astute on 09/07/2021 - 20:16

      Yes exactly , m i entitled to get my money back ?

      • SmiTTy on 09/07/2021 - 20:20

        The way I read it (happy to be corrected) is uve paid 2 week bond plus 2 weeks rent. So long as uve left the place the way it was originally given to you, u should be entitled to it back. (or have u paid another 2 weeks on top of that)

        • Astute on 09/07/2021 - 22:25

          That is correct.

  • brendanm on 09/07/2021 - 20:40
    +4

    That "agreement" looks very dodgy. This may be a blessing in disguise.

  • SF3 on 09/07/2021 - 21:14
    +5

    Is that landlord even declaring the rent as income, all the paperwork seems “home-brew” and leasing a room to you.

    I reckon, dob them to the ATO to reciprocate back to the way they are retreating you.

    • Astute on 09/07/2021 - 22:24
      +2

      Wow , thats great suggesstion, ATO will handle them properly ,will do it

    • MontyMacaw on 10/07/2021 - 11:55

      Chances are he will have other skeletons in his tax closet ;)

  • mickyb80 on 09/07/2021 - 23:26

    Sounds like a half-cut attempt at an agreement.
    Give them the 2 weeks notice as per the request.
    You mentioned your 5 days into your stay.

    You have paid for 2 weeks + 2 weeks, that's 4 weeks in total.
    Ask for the 2-week bond back and get it in writing.

    Stay for the extra 9 days left of the remaining first 2 week period and then start your new agreement somewhere else.
    If they will not give the 2 weeks bond, then tell them you will be seeking recovery action via NCAT. (I think I read you are in NSW)?

  • Almost Banned on 09/07/2021 - 23:34
    +2

    Holy crap that lease agreement is rubbish. Its barely even in english.
    I would suggest it appears you have a one year lease (several of the clauses would likely infringe residential tenancy laws in my state - and i assume yours).
    I think you are entitled to assert the lease agreement - but do you really want to?
    You might be better finding somewhere else to live.

  • Meho2026 on 10/07/2021 - 05:33

    Forget all that legal right to compensation stuff.
    Stay for the 2 weeks.
    Have that heater running 24/7 the whole time.
    Take photos of your room when it is empty on the day you move and email them to yourself or someone else so that they are time stamped. This will evidence the proof you have left the room in good condition and make it difficult for the landlord to keep the deposit.
    The day you leave demand your deposit back.
    Lodge a complaint to the tenancy tribunal if the landlord wont return your deposit in full.
    https://tenantsvic.org.au/contact-us/

  • screensaver on 10/07/2021 - 05:52

    I would never rent a room where I couldnt have a heater in the winter, and 25 a week is too much extra for power. He doesnt want a tenant. he wants an ATM.. There is a tenants advice website in NSW

  • MontyMacaw on 10/07/2021 - 11:53

    Turn that heater on and heat yourself like you were living on a desert island! Put on a Hawaiian shirt, sunnies and thongs. Have you own private beach party. As you leave put something as repulsive as your landlord in his letterbox.

  • panorama on 10/07/2021 - 13:27

    Dob him in to the Tax Department for sure and Human services no doubt on the pension and subletting without telling Human Services making extra money

  • samcro on 10/07/2021 - 13:27

    That is the worst looking "lease agreement" I've ever seen. Get out of there asap and good luck getting your money back.

    • Astute on 10/07/2021 - 14:42

      Yeah, Hopefully will try to get my money back. Fingers Crossed.

    • Astute on 12/07/2021 - 10:59
      +2

      got my Bond money back, Finally, although lost my one week's rent, but to compensate that i will be reporting this MF, to ATO

      • Jjj888 on 28/07/2021 - 07:56

        Report them they are obviously sub letting

  • Msfrugal on 10/07/2021 - 15:55
    +1

    I’m sorry to hear this happening to you.

    ATO definitely contact.

    Also this is from:
    https://www.tenants.org.au/factsheet-03-bond

    “ Deposit of the bond
    The landlord/agent must deposit the bond with NSW Fair Trading. For lump-sum payments:

    a landlord must deposit the bond within 10 working days after it is paid
    an agent must deposit the bond within 10 working days after the end of the month
    For a bond paid in instalments, the periods for depositing the bond with Fair Trading vary according to when your instalments are made. (Contact Fair Trading for more information.)

    Once the landlord/agent has deposited the bond, Fair Trading will send you a deposit notice and a rental bond number. Keep these in a safe place with your tenancy agreement.

    If you do not receive a deposit notice, contact Fair Trading to find out if landlord/agent has deposited the bond. If the landlord/agent does not deposit the bond within the required period, they can be fined up to $2,200.”

    Best of luck 🌺

    • Astute on 10/07/2021 - 17:45

      thank you so much.

  • 82norm on 10/07/2021 - 23:00

    Buy a bag of fish or cooked prawns and throw it in his ceiling before you leave.

    • Astute on 11/07/2021 - 10:21

      lol, great idea.

  • mincemeat on 28/07/2021 - 07:51

    Sounds like a registered boarding house. Call NSW Fair Trading either way and speak to the tenancy department, they know all the ins and outs. Legal Aid will take forever.

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