Can Real Estate Agent Charge Rent after Lease Is over? [WA]

CheapWrangler on 14/02/2022 - 13:54
Last edited 14/02/2022 - 19:25 by 1 other user

There were a few issues with the house during our final inspection when we vacated our house.

The list was quite large with some things being the pool not looking too well, some small stains on carpets in some rooms, light bulbs need replacing, a few cleaning issues

I went back to the house after work the day of the inspection and fixed everything they had requested besides the carpet stains and the range hood light switch as I don't have the knowledge to fix this myself, then handed the keys in the next day and emailed them to say most things have been completed.

The agent has told us that they can arrange for everything to be completed but we will be paying rent until all things have been fixed, they have also said that it will likely take a few weeks because they are organising it for us and the tradespeople will have to wait for parts.

What I'd like to know is if this is legal or not. They had a viewing on the day I moved out so I can only assume they didn't have tenants lined up, so they aren't missing out on any money.

Edit: Carpets were professionally cleaned the day before inspection, by a company put forward by the agent, receipt was provided. The people said that the carpet stain will not come out with a steam clean due to the colour, it will need to be cut out and replaced

Thanks for all the answers, it looks like I'll have to dispute it with them if they try to charge me. This agent has been very tough to deal with for the duration of living here while the actual owner of the house has been very nice and reasonable to deal with. I wonder if they are even aware of the agent asking this of me

Home & Garden

Comments

  • spackbace on 14/02/2022 - 13:58
    -2

    fixed everything they had requested besides the carpet stains

    it will likely take a few weeks because they are organising it for us and the tradespeople will have to wait for parts.

    Carpet cleaning doesn't require tradespeople to gather parts…

    This post needs more facts to be gathered though

    The pool was fixed 9 months ago yet it's already shit? Yeesh, quality tenant

    • CheapWrangler on 14/02/2022 - 14:01

      I edited the post, the tradesperson requiring the parts is for a range hood light switch that has basically snapped off a bracket and fallen into the range hood

      • spackbace on 14/02/2022 - 14:01
        -1

        How much damage did you do to the property?!

        • Drakesy on 14/02/2022 - 14:03
          -3

          Sounds like a tenant from hell.

          • toomuchdogfur on 14/02/2022 - 14:18
            +1

            @Drakesy: That's a bit uncalled for. Do you really think they aggressively and intentionally broke a range hood light switch? Sounds more like a shitty range hood to me.

            But regardless as everyone says, no way the realtor can get you to keep paying rent past your lease contract. Not reasonable either - its not like the house is uninhabitable while the oh god the range hood light can't be switched on, sorry realtor I'm not renting this place until that's fixed.

            (i.e. they're implying that they can't rent the house out until things are fixed, which is 100% bull as they could just as easily rent it out and get tradespeople in to fix things later during the next tenant's lease… as they did with you initially, it seems)

          • Ghost47 on 14/02/2022 - 15:26

            @Drakesy: Nowhere near, this is a tenant from hell.m

            No sympathy from me, this is the kind of risk you take on when you invest in property. People suck.

            • Drakesy on 14/02/2022 - 19:53

              @Ghost47: *when you invest in property in low socio-economic areas

        • CheapWrangler on 14/02/2022 - 14:03

          two small 10cm diameter stains on carpet and the range hood light switch. Everything else was cleaned/fixed after the last inspection with photos provided.

      • HeWhoKnows on 16/02/2022 - 23:09
        +1

        Your responsibility is to return the property in much the same condition or better than it was when you occupied it after making allowances for "normal" some wear and tear.
        This must normally be done by the day you move out.
        If it is not and either you or someone else must go back to make the property good then yes, you could be charged additional rent but it must be both reasonable and justified.
        i.e. probably 2 or 3 days but maybe longer if major rectifications are required.
        A few weeks is definitely out of the question!

        Consider also that the property might not be rentable until such time as its made good.

  • Drakesy on 14/02/2022 - 14:00
    +6

    Pretty sure once your lease is over thats it, they can't continue to charge you rent when you haven't agreed to it.

    They'd need a ongoing lease agreement, even monthly/weekly to do this.

    I'm not sure if simply cutting out the stained carpet and replacing it will cut it.
    More likely will need to re-carpet the whole room otherwise the fix isn't like for like

    And the pool should really be in an as received condition upon exit, yet again more fees that you'll need to foot.

    I feel they haven't organised another tenant and are trying to get you to cover the gap. They can charge you the tradie fees to fix all the defects you've left but can't chase you up for additional rent without going to vcat. (tradie fees though may outweigh the rent considerably).

    • CheapWrangler on 14/02/2022 - 14:05

      Carpets were done professionally the day prior with a receipt provided, pool was done professionally just after the inspection with photos provided.

      • Drakesy on 14/02/2022 - 14:07

        photos of stain and pool plz
        kthnx

  • wizzy on 14/02/2022 - 14:01
    +8

    No, they can request money from the bond you paid to fix those things though. You can deny this request if you believe that the issues are all reasonable wear and tear and not damage (I can't tell from your description). If the landlord disagrees, and does think it is damage that you should pay for, they can take the issue to the tribunal who will decide on the final outcome regarding the bond.

    The only time I can think of where they can keep charging you rent is if you have broken the lease early, and you were renting in a state (e.g. Qld) that allows landlords to keep charging you rent until a new tenant is found.

    • CheapWrangler on 14/02/2022 - 15:05

      Lease came to an end, there wasn't a break lease.

      I don't believe the stains on the carpet or range hood light switch would be considered reasonable wear and tear.

      • wizzy on 14/02/2022 - 15:13
        +2

        OK, well if you think you've done some actual damage then you need to pay to repair it. You can either pay the money or agree to have it taken out of your bond.

        Carpet stains that can't be removed can be tricky. Sometimes they can take a patch of carpet out of somewhere that isn't seen much (e.g. built in wardrobe), and use it to replace the stained area. Other times they might have to replace the carpet in the whole room. If the carpet is old then you might only have to pay a percentage of that replacement cost. If the carpets were brand new when you moved in, then you might have to pay the full cost. I believe the tribunal has some way of working this out fairly so you pay a depreciated cost relative to the age of the carpet.

        They can't keep charging you rent though. If direct debit is set up then cancel it with the bank. If the agent demands the rent, just say no. He can't make you pay rent that you don't owe.

        • CheapWrangler on 14/02/2022 - 16:52
          +2

          What you've said is exactly what the carpet cleaner told me, she said that it shouldn't cost more than a few hundred dollars. However if the whole carpet needs to be replaced then it will need to be replaced in all 5 connected rooms or it would look weird. That could end up costing a lot of money, but as you said, I would pay a percentage. The house is 14 years old so I hope that the carpet is too, would this mean I don't have to pay anything?

          Direct debits have been cancelled and I will not be paying any more rent if they ask

          • Quantumcat on 14/02/2022 - 18:44
            +2

            @CheapWrangler: Yeah a carpet's expected life is about ten years so you shouldn't be charged anything if they replace it. Hopefully they didn't replace it recently!

      • mapax on 14/02/2022 - 15:15

        What did you do to the switch?

        • CheapWrangler on 14/02/2022 - 16:54

          One night while I was cooking it snapped off the bracket and fell into the range hood, it's not a switch it's more of a panel of buttons that protrude out the top. They all still work but it needs to be put back

          • mapax on 14/02/2022 - 17:03
            +1

            @CheapWrangler: Unless your other username is roughcun that sounds like it should fall under “wear and tear”?

            • CheapWrangler on 14/02/2022 - 18:38
              +6

              @mapax: Yeah I think I can argue this, a 14 year old small plastic board that gets heat on it 5 times a week. Not unreasonable to say that it's reached it's useful life and was only a matter of time before it came off

  • Summoner on 14/02/2022 - 14:09
    +5

    Your obligation to pay rent ends when contract ends. So, no they cannot request rent while they are carring out repairs.

    However, if your bond does not cover the cost of repairs, they can and will request further payment.

    • CheapWrangler on 14/02/2022 - 15:03

      The bond was approximately $2400, I would be very surprised if it will cost more than that

      • Ghost47 on 14/02/2022 - 15:28
        +2

        It probably will cost more than that, agents aren’t exactly the most honest people.

        • Krankite on 14/02/2022 - 15:39
          +1

          It'll probably cost exactly that, why go to the effort of chasing down any extra

  • AndyC1 on 14/02/2022 - 14:18
    +1

    Speak to the bank about stopping the REA from taking any money out of your account as the leas has finished and they can only take money out of the bond.

    • CheapWrangler on 14/02/2022 - 15:03
      +1

      I cancelled my automatic transfers two weeks before the lease ended

      • AndyC1 on 14/02/2022 - 15:15

        So the REA does not pull the money?

  • Porker on 14/02/2022 - 14:57
    +1

    Just to be sure, the lease came a natural conclusion/end? If so, then as others have said, rental payments should stop at that point and any issues with damage/repair are done through the bond.

    • CheapWrangler on 14/02/2022 - 15:02

      Yes the lease came to an end. Rent payments have stopped but the last email from them saying I have to pay a few more weeks while they sort out repairs took me by surprise

      • Quantumcat on 14/02/2022 - 18:46
        +3

        They're having you on

  • us3rnam3tak3n on 14/02/2022 - 15:26
    +12

    This is why real estate agents are among the least trusted people in Australia.

    • Ghost47 on 14/02/2022 - 15:29

      Do you have any photos of the damage?

      Oops this was meant for OP.

    • payless69 on 14/02/2022 - 16:59

      You need to specify the state! Every admin deals like the wx in their jurisdiction.

    • afah0447 on 15/02/2022 - 13:48
      -1

      That and most of the laws in Australia vastly favour the landlord. In Europe it's a little more balanced.

      I don't expect the situation here to change any time soon. Real estate speculation is a national pastime here unlike any other nation in the world.

      • payless69 on 15/02/2022 - 16:22

        Not in QLD! Govt sold off old state housing and then dumps bad renters to them buyers.
        Socialism to wipe out the middle class!

  • o53djz7qTPY4der on 14/02/2022 - 15:28
    +1

    How old are the carpets? If they're 10 years old or more, you may not have to pay anything. Less than that you'll be paying depreciated cost.

    • spackbace on 14/02/2022 - 16:01

      Unless it was a short lease (12 months), in which case you couldn't use that argument

      • CheapWrangler on 14/02/2022 - 16:58

        The house is 14 years old, hopefully the carpets are as old.

        It was only a 12 month lease, how come this 10 year rule doesn't apply to me then?

        • spackbace on 14/02/2022 - 17:00
          -5

          Because you destroyed their property in a relatively short space of time?

          Doesn't give you a get out of gaol free card

          • CheapWrangler on 14/02/2022 - 17:31
            +1

            @spackbace: There's two small stains on carpet to two of the rooms where a drink has been spilled. The range hood light/fan buttons have snapped off their bracket as someone's turned them on/off. I'd hardly called that destroying their property. So you can only claim depreciated cost on carpet if you've lived there 12+ months?

            • spackbace on 14/02/2022 - 17:32
              -4

              @CheapWrangler:

              I'd hardly called that destroying their property.

              Plus the pool ruined within a year, after getting professionally fixed

              Plus whatever else hasn't been said

              All in the space of a year…

              • CheapWrangler on 14/02/2022 - 17:49
                +1

                @spackbace: The pool was ruined when I moved in, I fixed it and continued to maintain it. It is running, clear and fit to swim in right now, it isn't ruined

          • Quantumcat on 14/02/2022 - 18:47
            +7

            @spackbace: The carpet had already reached its end of life before OP even set foot on the property.

  • TurboTortoise on 14/02/2022 - 15:40
    +3

    I think you should immediately send them a letter stating that you do not have to and will not be paying further rent. I think you are on very safe ground with that one but good to have it in writing if they take it out of the bond (which they shouldnt). As for the repairs, get all your photos and condition reports in place and get regular updates from the agent on the status.

  • Almost Banned on 14/02/2022 - 16:49
    +1

    Well, the people above saying they can't make you pay 'rent' are technically correct, however that doesn't mean that the landlord cannot charge you damages as compensation for lost rent if you returned the property in an unlettable condition.

    • CheapWrangler on 14/02/2022 - 17:10

      According to this I might still have to pay rent

      https://www.commerce.wa.gov.au/consumer-protection/non-urgen…

      • wizzy on 14/02/2022 - 17:54
        +5

        That link is referring to while you are living in the property.

        What it is saying is that if something needs repairing, and you notify the agent, you have to keep paying rent while you are waiting for the repair. You cannot simply refuse to pay rent until they fix it.

        In your case your lease has ended and you have moved out.

  • payless69 on 14/02/2022 - 16:58

    Need to specify the state! In QLD the dept charges for services never delivered and issues fines for faulty extracts they sell. Hence the public perceives agents in a certain way.
    BUT: U kill the carpet, U pay for it! A broken fixed switch is the landlord's problem.

  • jrvb42 on 15/02/2022 - 08:58

    They should only be able to charge for lost rent, if the place is unrentable due to unfixed issues when you vacate. You wouldn't be charged rent, you'd be compensating the landlord for lost rent. Subtle point, but it just means you wouldn't have the right to occupy.

    • CheapWrangler on 15/02/2022 - 10:44

      What do you mean by I wouldn't have the right to occupy?

      Do you think they are still allowed to charge for lost rent if they didn't even have tenants? Because they had a viewing the day of our vacate which tells me they hadn't even found suitable tenants yet, considering they never had a viewing while we were living there

  • TimmyTims on 15/02/2022 - 13:18
    +1

    It's disgusting how much REA try to bully people into paying way more than they should. You don't need to professionally clean carpets, even if you're contract says so. Heck, even lightbulbs are a maintenance issue and not for the tenant to replace

    • wizzy on 15/02/2022 - 14:55
      +2

      I agree with you except for the light bulbs.

      Unless they are inaccessible or are some sort of specialist light bulb, then the tenant is responsible for replacing light bulbs in NSW:

      "Tenants are responsible for minor maintenance including replacing light bulbs, cleaning windows, dusting, removing cobwebs and routine garden maintenance such as watering, mowing and weeding."

      https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

      This is also the same in WA where OP was renting:

      "However, unless a tenancy agreement says differently, tenants are responsible for basic household maintenance (such as cleaning floors, replacing light bulbs, cleaning windows, dusting, removing cobwebs inside and outside) and garden maintenance, such as watering, mowing, weeding, pruning and fertilising."

      https://www.commerce.wa.gov.au/consumer-protection/rental-ho…

      • TimmyTims on 15/02/2022 - 16:16

        I read in a VCAT (VIC) case where a landlord was claiming the bond for a bunch of items including light bulb replacement. The member struck it out saying it is a maintenance issue.

        Interesting it's not consistent across the states, then again, hardly anything is

  • OzHunterNSW on 15/02/2022 - 17:40
    -1

    You are deemed effectively as living in the premises until you present it in a state acceptable by the real estate.

    Honestly… look at the state of things… would you accept to move in in that sht?

    • CheapWrangler on 16/02/2022 - 10:32

      Yes, absolutely.

      They gave it to us with the pool unusable and the lawns overgrown.

      We are returning it in better condition than it was given to us

  • CheapWrangler on 21/02/2022 - 18:55

    REA provided a quote today to fix the rangehood, they are saying the part no longer exists and they have to replace the entire thing for $620

    After a cursory look on the Euromaid website it looks like the part is in stock and I can guarantee the owner has already fixed it himself with some superglue.

    Are they allowed to only provide a quote and make me pay or can I request an invoice instead?

    I feel as though the rangehood switches could come under fair wear and tear anyway

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