VIC Case to terminate lease without penalty

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4 March 2019

I have had several issues with my real estate agent and as such, have requested to terminate my lease without penalty. They are denying that I have right to do this based on what has happened. Seeking advice on if i have a case to pursue this further.

I was not provided with a signed copy of my lease within 14 days. I requested this in writing and the real estate has come back saying I was provided with a signed copy on the day, which I was not.

My payments were set up using NAB easy rent. This was the only document kept at the real estate with my bank details. The real estate made a withdrawal on my account without my permission (I know this because the real estate is named on my bank statement as opposed to NAB easy rent which was on all my other payments). This resulted in my account being overdrawn.

I was marked as an invalid tenant in their system resulting in my payment bouncing which then put me behind a week in rent so I ended up paying three weeks of rent in one go to get me to where I was prior to this.

There have been several occasions where I have come home and my remote controlled garage with internal access was opened. Once while I was away for over a week. I notified the real estate on several occasions when this occurred. I was told on the most recent occasion that they would send someone to reprogram the garage. It has now been 2 months and they just keep telling me that they will send someone. I feel unsafe in my property. This is a major security issue and feel it should have been treated as an urgent repair. I believe they have breached my right to quiet enjoyment and also their responsibility to ensure the property is safe/undertake repairs.

I had a builder from next door trespass on my property and use my electricity when they didnt think I was home. I approached the builder and they gave me the name of who gave them permission. My real estate agent said that they knew who he was and would contact him. It is my understanding that the name of the person that I was given is associated with the company who is listed as my landlord.

I dont feel safe in this house and have no confidence in the real estate agent as they have done so many things wrong. I just want to be able to end my lease without penalty and move on.

Any help you guys can provide me with would be wonderful. I just feel so lost!


LawTap Verified
27 May 2014
Try your local community legal centre in the first instance.

I suspect you have little money to spend a lawyer so your next best option is a community legal centre. Having rental issues is something the CLC's can often help with.

Diarise all your issues (dates/times/event/other party/type of comms) and tee up a meeting with them.