Hi,
On Mar 2015, I applied for an option review for a new lease. The landlord and me accepted $500+Gst rent and 250 outgoings. Real estate demanded heaps of water bill ($1,500 for 3months), before the commencing date and they raised up outgoings without my acceptance.
So I asked how many people lived in the upstairs unit and showed me the tax invoice. They didn't want to show me the upstairs' receipt of outgoing. Finally they demanded to pay the water bill before the new lease was signed, otherwise it would be locked up.
So my solicitor said to pay first and we would get the lease and he asked for a refund of the water bill. I paid but they didn't give the new lease over for 1 year. Whilst I waited, a lot happened in this building.
Anyway, the main point is that the landlord's solicitor didn't change the year rent amount. That means the lease showed $28,600 (excluding gst).
I asked my solicitor several times to change $26,000(excluding gst). My solicitor sent numerous emails and their solicitor never replied to my solicitor.
I don't know my solicitor wanted me sign first and we can change. I couldn't understand that point anyway. I paid $500+ gst for Sep 2015 - Aug 2016 and $500*3% cpi up +gst for Sep 2016 - Apr 2017. Suddenly property manager demanded that I pay gst from May 2017 because there's $28,600 (excluding gst) on the lease.
I was shocked and I asked my solicitor. He checked that and the property manager will lock up next week if I do not pay. My solicitor doesn't want to get involved in that. I don't know how I can do that.
Anyway I will attached my solicitor's latest letter to them. If you need more, I can send all of the letters. I really want to sue my solicitor if it is possible because he couldn't solve another issue for 2 years.
Please help me first about extra pay gst issue (landlord's lies) and my solicitor's.
Best regards,
-----------------------
My solicitor's letter to landlord
I had revisited the file after the clients came to our office to discuss the GST issue.
I now know what the frustration is about.
Please refer to page 2 of the attached document.
It refers to an agreement between the parties about the rent. You will see that it was agreed
That the rent would be increased to $500 excluding GST.
The solicitor for the lessor, has never given us a proper response in relation to the amendment
That we requested in the lease that stipulate that the rent would be $550 exclusive of GST.
It must be remembered that my counterpart never did respond to my requests.
In frustration we had to remit back to the solicitor the contract. However, it must be remembered the
Lease is not finalized as far as we are concerned. As the lessor has issued a 5 year lease with 2 options for
5 years more each. The lease must be registered. The lease as far as we can see has not been registered as yet.
Our clients insist that the lessor his agreement with our client for a lease with rent of $500 which is exclusive of GST.
We have been instructed that Tony was present at the meeting with the previous agent and that he should know the
Details of the agreement.
Please contact us if you want to discuss this matter further.
Also, we have been reminded that they have yet to receive one single tax invoice for payment of rent.
They have also pointed out that they would like to see a proper accounting of the outgoing payments. We ask that you
Provide them with the proper invoices for payment so that the outgoings may be properly adjusted. We do not have to
Remind you that it is the responsibility of the landlord to provide yearly adjustments to reconcile any differences particularly in such matters as these where the tenant is paying outgoings on an estimate basis.
On Mar 2015, I applied for an option review for a new lease. The landlord and me accepted $500+Gst rent and 250 outgoings. Real estate demanded heaps of water bill ($1,500 for 3months), before the commencing date and they raised up outgoings without my acceptance.
So I asked how many people lived in the upstairs unit and showed me the tax invoice. They didn't want to show me the upstairs' receipt of outgoing. Finally they demanded to pay the water bill before the new lease was signed, otherwise it would be locked up.
So my solicitor said to pay first and we would get the lease and he asked for a refund of the water bill. I paid but they didn't give the new lease over for 1 year. Whilst I waited, a lot happened in this building.
Anyway, the main point is that the landlord's solicitor didn't change the year rent amount. That means the lease showed $28,600 (excluding gst).
I asked my solicitor several times to change $26,000(excluding gst). My solicitor sent numerous emails and their solicitor never replied to my solicitor.
I don't know my solicitor wanted me sign first and we can change. I couldn't understand that point anyway. I paid $500+ gst for Sep 2015 - Aug 2016 and $500*3% cpi up +gst for Sep 2016 - Apr 2017. Suddenly property manager demanded that I pay gst from May 2017 because there's $28,600 (excluding gst) on the lease.
I was shocked and I asked my solicitor. He checked that and the property manager will lock up next week if I do not pay. My solicitor doesn't want to get involved in that. I don't know how I can do that.
Anyway I will attached my solicitor's latest letter to them. If you need more, I can send all of the letters. I really want to sue my solicitor if it is possible because he couldn't solve another issue for 2 years.
Please help me first about extra pay gst issue (landlord's lies) and my solicitor's.
Best regards,
-----------------------
My solicitor's letter to landlord
I had revisited the file after the clients came to our office to discuss the GST issue.
I now know what the frustration is about.
Please refer to page 2 of the attached document.
It refers to an agreement between the parties about the rent. You will see that it was agreed
That the rent would be increased to $500 excluding GST.
The solicitor for the lessor, has never given us a proper response in relation to the amendment
That we requested in the lease that stipulate that the rent would be $550 exclusive of GST.
It must be remembered that my counterpart never did respond to my requests.
In frustration we had to remit back to the solicitor the contract. However, it must be remembered the
Lease is not finalized as far as we are concerned. As the lessor has issued a 5 year lease with 2 options for
5 years more each. The lease must be registered. The lease as far as we can see has not been registered as yet.
Our clients insist that the lessor his agreement with our client for a lease with rent of $500 which is exclusive of GST.
We have been instructed that Tony was present at the meeting with the previous agent and that he should know the
Details of the agreement.
Please contact us if you want to discuss this matter further.
Also, we have been reminded that they have yet to receive one single tax invoice for payment of rent.
They have also pointed out that they would like to see a proper accounting of the outgoing payments. We ask that you
Provide them with the proper invoices for payment so that the outgoings may be properly adjusted. We do not have to
Remind you that it is the responsibility of the landlord to provide yearly adjustments to reconcile any differences particularly in such matters as these where the tenant is paying outgoings on an estimate basis.
