Tenants looking for some independent advice

[LuckyLuke]

Yes it was made pretty clear if we weren't happy with the $100 we could pack our bags. We didn't have a choice.

On that note, I just remembered something else. When were dealing with this extension/rent increase stuff, I was told that even with a renewal of a fixed term tenancy we need to be given 60 days notice of the increase and shouldnt have to pay any increase until the 60 days is up.

Is that correct?

[Learning]

Not if the old agreement expired and the price increase was the new agreement. 60 day notice is for increasing during an agreement.

[ivanp]

If the old fixed-term agreement expired and nothing else was agreed (or notifed), the tenancy automatically becomes periodical, with 90 days' notice by landlord (or 42 days in few cases explicitely listed in RTA: property sold, owner moving in)

[LuckyLuke]

OK cool, good to know. Thanks!

Yes we signed the increase and extension in advance of our 6 month agreement expiring but requested it to be periodic moving forward.

I would not at all be surprised if we get a 42 notice in response to our $600 credit and rent reduction request, especially after the owner asked PM#2 to issue us a 21 day notice after the kitchen tap incident.

I've followed up again on that request, with next rent payment due tomorrow.

Will wait and see!

[LuckyLuke]

Update from PM#2: Owner has said no to our request for a rent reduction and $600 credit of overpayment.

[Meehole]

Then tell PM#2 to advise the owners that you will be taking the matter to the TT at the end of your tenancy and that you will not be signing the bond refund form when you vacate. Have you completed the property inspection report yet? What company is managing this? I have a feeling I might know which one.............

[sidinz]

How far in advance of the fixed-term agreement ending did you re-sign? It matters because the automatic rollover to a periodic tenancy may have already kicked in, in which case they would have needed to give you 60 days' notice of a rent increase.

I don't think your landlords know their stuff.

[LuckyLuke]

Our extension agreement was sorted out before the deadline where it would automatically become a periodic so they are ok there.

Have had a guts full for today so going to get back on to our TT application tomorrow.

Good idea to just get it to TT now? Or bad idea while we are still here?

[Learning]

Good idea to just get it to TT now? Or bad idea while we are still here?

I don't think there's a right answer to that if you're moving out soonish anyway. Once your application to TT is in any negative reaction, related or not, could be viewed as retaliatory and land the landlord a nice little fine. However that doesn't stop them from applying their rights to the fullest and making life more difficult.

Personally if it was short term I'd wait but keep accurate timelines, all correspondence, photos, note down every phone conversation, etc.

[Bobsyouruncle]

Given how pro tenant the TT are, I'd go for it now. It's your money and if they know you know your rights they may negotiate to avoid it which is easier for you.

[sidinz]

Once your application to TT is in any negative reaction, related or not, could be viewed as retaliatory and land the landlord a nice little fine.

The landlord already tried retaliatory action (tried to give notice after the tenant exercised their rights over the kitchen sink) but were stopped by the PM. Worth bringing up in the TT to paint a picture to the adjudicator.

[artemis]

I can't see a downside about applying to the TT now. There is however a significant upside, which is that any notice given after the application has been lodged will be seen as retaliatory and set aside. This means that the ball is back in your court to give 21 days notice when it suits you. You won't want to be forced to move out before your new home is ready. (I saw on Fair Go that moving in invalidates a master builder guarantee, if that applies in your case.)

If an initial inspection report was not done, the owner will have to prove that any damage was pre-existing. That could be very tricky and I expect the TT would take your side in the absence of actual proof.

Some landlords give us all a bad rep!

[Meehole]

(I saw on Fair Go that moving in invalidates a master builder guarantee, if that applies in your case.)

If they were borrowing money it's highly unlikely advances to the loan would have been made without a progress report on the build. Also they can't have had a code of compliance so moving in wasn't really an option. Shame they weren't given some advice.

[north shore]

If worst comes to the worst, do you have anywhere to go? Whereabouts on the shore are you?

[LuckyLuke]

Hi all

Today it became clear pretty quickly we were fighting a losing fight with towels so spent the day packing my office down and getting everything in the garage up high off the ground incase it started leaking there too.

We've moved our two boys in to one bedroom and got my office set up in the younger ones room. Bit of an effort to get an internet connection to the room, luckily had a really, really long ethernet cable handy so it will do the trick.

We will manage upstairs for a couple of months.

Finishing up the TT application tonight to send it tomorrow.