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VIC Claim Compensation for Unavailable Rental Property?

Discussion in 'Property Law Forum' started by Robert Brass, 26 May 2016.

  1. Robert Brass

    Robert Brass Member

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    Hi.

    We applied for a rental property and after we went in today, they told us to pay 1st months rent and bond tomorrow and also pick up the keys on Saturday morning. This happened at 11.11am.

    We then received a text message from the property manager at 2.20pm and were told that the owner decided to move in. We have organised connections of utilities that have obviously cost us additional fees. Now, I have a voice recording of my mate's phone call to the agent, enquiring about the same property and they told us it was no longer available due to the owner moving in, and they told him that it's still available and an inspection is set for this Saturday.

    We also gave notice to our current agent as we are past our lease here, but the owner has been accommodating and let us stay while we found a place and that we would be moving out this weekend and have the keys back to them by mid-week next week.

    What legal standing do we have for compensation as we are out of pocket and also I declined Saturday and Sunday work due to organising moving house and which is now in question...
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Robert,

    I would send them a strongly worded (but professional) letter of demand itemising all of the additional costs that you are seeking them to reimburse you for (I would include all costs of connecting utilities etc and even income lost for days off work etc), on the basis that they have repudiated the lease agreement (this is a legal term referring to someone who acts as though they do not consider themselves bound by a contract), and threaten that if they do not pay that you will take it to consumer affairs. Let them know that you are aware they are still advertising the premises to other renters.

    It's likely not enough money to throw too much money at chasing - but if you can go in hard you might get something out of them to avoid the bother of going through a tribunal hearing.
     

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