Hi
I am a tenant in need of advice. I have had a TT hearing recently and I am deciding whether to appeal the decision. I am unsure whether to appeal?
I have been in a 10 year FTT for nearly four years.
I made the TT application due to many tenancy issues which were mostly resolved in my favour .The landlord/trustee/owner made a cross application also seeking a review of tenancy agreement and a reduction in the term of the fixed term tenancy agreement and an ability to increase the rent.
The adjudicator believed that the 10yr FTT signed by the Landlords agents was harsh and unconscionable particularly given significant inflation costs over the last 3-4 years, the change in the Landlords personal circumstances and the lack of professionalism of his agents when initiating the contract. The adjudicator considered it appropriate to vary the contract to reduce the term of the FTT so that it will now expire in six months time, rather than completely set the TA aside. After the FTT expires in six months the tenancy will become a periodic tenancy, legally allowing the landlord to increase the rent.
The adjudicator believed the inability of the LL to raise the rent at all over a period of 10 years in the face of increasing costs associated with owning and maintaining a property was an unreasonable condition of the contract, and is one of the key reasons why the agreement is harsh on the LL and why the adjudicator considered it fair and reasonable to vary the contract. The LL also presented a statement from his partner regarding her serious health issues and her desire to return from overseas to the property as healthcare is not available in Australia. They own a home there also and I understand own another one here beside my tenancy in NZ
No consideration was given to me as the tenant to the harsh impact that this decision will have upon us in six months time if the tenancy is terminated and how a rent increase will put us into severe financial hardship. I am a caregiver for my father and a solo parent on a limited low income so have my own difficult circumstances.
The Landlord when overseas four years ago decided to get his friend (my brother in law) to rent out the property rather than a professional PM. The lack of professionalism when letting out the premises has led to the current dispute. The LL said that he asked his friend to rent out the property on his behalf on a "long term" basis. The whole matter was handled very casually and unprofessionally by this friend who was acting as the LL rental agents. The lack of clarity between what the LL verbally asked of his friend in terms of the contract, what was actually recorded in the tenancy agreement(s), what was agreed and/or said by the LL agent to me, and a later break down in the relationship between myself and the former rental agent, have all led to the dispute.
The LL did not take any responsibility in sighting the TA until four years later when I made my TT application. He said the TA was made without his consent and that he did not agree to a 10 yr FTT without being able to have rent increases.
Another matter which was not resolved at the hearing was the use of the outdoor room as a sleepout. I was led to believe that this outdoor room could be used as a sleepout at the beginning of the tenancy and had been of the understanding that it was a sleepout where one of my children could sleep. It was an important factor in my decision to rent the premises. The LL has said that the outdoor room had never been intended to be used as a sleepout and that it is not permitted by the Council for use as a sleepout, but that it did have an electrical COC. He believes the current and ongoing problems with the electrical fittings is probably due to the ant infestation and said he would look at both matters to ensure they are addressed before going back overseas this week. He did lay ant bait and did look at the electrical socket and did repairs himself which concerns me as he is not a registered electrician. I am worried about the safety of using the electrics when he is doing these DIY electric jobs himself. The electrics have been an ongoing problem in the sleepout since the beginning of the tenancy.
Any advice or feedback would be much appreciated as I wonder if an appeal will just be a waste of my time, money and energy. Can you get legal aid representation for a district court appeal?
I am a tenant in need of advice. I have had a TT hearing recently and I am deciding whether to appeal the decision. I am unsure whether to appeal?
I have been in a 10 year FTT for nearly four years.
I made the TT application due to many tenancy issues which were mostly resolved in my favour .The landlord/trustee/owner made a cross application also seeking a review of tenancy agreement and a reduction in the term of the fixed term tenancy agreement and an ability to increase the rent.
The adjudicator believed that the 10yr FTT signed by the Landlords agents was harsh and unconscionable particularly given significant inflation costs over the last 3-4 years, the change in the Landlords personal circumstances and the lack of professionalism of his agents when initiating the contract. The adjudicator considered it appropriate to vary the contract to reduce the term of the FTT so that it will now expire in six months time, rather than completely set the TA aside. After the FTT expires in six months the tenancy will become a periodic tenancy, legally allowing the landlord to increase the rent.
The adjudicator believed the inability of the LL to raise the rent at all over a period of 10 years in the face of increasing costs associated with owning and maintaining a property was an unreasonable condition of the contract, and is one of the key reasons why the agreement is harsh on the LL and why the adjudicator considered it fair and reasonable to vary the contract. The LL also presented a statement from his partner regarding her serious health issues and her desire to return from overseas to the property as healthcare is not available in Australia. They own a home there also and I understand own another one here beside my tenancy in NZ
No consideration was given to me as the tenant to the harsh impact that this decision will have upon us in six months time if the tenancy is terminated and how a rent increase will put us into severe financial hardship. I am a caregiver for my father and a solo parent on a limited low income so have my own difficult circumstances.
The Landlord when overseas four years ago decided to get his friend (my brother in law) to rent out the property rather than a professional PM. The lack of professionalism when letting out the premises has led to the current dispute. The LL said that he asked his friend to rent out the property on his behalf on a "long term" basis. The whole matter was handled very casually and unprofessionally by this friend who was acting as the LL rental agents. The lack of clarity between what the LL verbally asked of his friend in terms of the contract, what was actually recorded in the tenancy agreement(s), what was agreed and/or said by the LL agent to me, and a later break down in the relationship between myself and the former rental agent, have all led to the dispute.
The LL did not take any responsibility in sighting the TA until four years later when I made my TT application. He said the TA was made without his consent and that he did not agree to a 10 yr FTT without being able to have rent increases.
Another matter which was not resolved at the hearing was the use of the outdoor room as a sleepout. I was led to believe that this outdoor room could be used as a sleepout at the beginning of the tenancy and had been of the understanding that it was a sleepout where one of my children could sleep. It was an important factor in my decision to rent the premises. The LL has said that the outdoor room had never been intended to be used as a sleepout and that it is not permitted by the Council for use as a sleepout, but that it did have an electrical COC. He believes the current and ongoing problems with the electrical fittings is probably due to the ant infestation and said he would look at both matters to ensure they are addressed before going back overseas this week. He did lay ant bait and did look at the electrical socket and did repairs himself which concerns me as he is not a registered electrician. I am worried about the safety of using the electrics when he is doing these DIY electric jobs himself. The electrics have been an ongoing problem in the sleepout since the beginning of the tenancy.
Any advice or feedback would be much appreciated as I wonder if an appeal will just be a waste of my time, money and energy. Can you get legal aid representation for a district court appeal?
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