VIC Misleading Transactions with Real Estate Agents - What to Do?

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Ghulam Hazara

Member
19 December 2016
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0
1
Hello dear,

I got a breached notice from my real estate agent asking me to pay the sum of $10,078.90 by 16th of Dec 2016. Otherwise they will lock the premises and keep harassing me with emails.

I have already made nearly $7122 and asked them to fix the long term issues first then I'll make the other payments.

We have been asking them to fix some things in person, on the phone and by email since we moved in on Jan 15th 2015 but they keep ignoring it. I told them a few times that if they don't fix the problems then I will not pay any rent or bills.

The problems include:

1. The air-condition not working in hot weather.

Last year we couldn't use the office upstairs in the hot summer days because of the heat and faulty AC. I was very angry and kept asking them to fix it but they were ignoring me and telling me that they have recently done a service.

I told them that it's damaging our business and some days we had to close the business because it was very hot and we were not able to work. And I kept reminding them and the summer has started again. I have sent emails for them to do something but still no action has been taken.

2. The electricity main board has problems, switches tripping off without any reason but they say it's ok and if we want them to be fixed, we should do it ourselves at our own expense.

3. A couple of ceiling areas were damaged which we fixed ourselves after a few months.

4. The exhaust fan was hanging off the ceiling. We put it back but because was broken and drops back, they say that we have to fix it ourselves.

5. There are rubbish in the back since we moved and they told me that someone will clean it up soon but it's still there.

6. The toilet seat was loose and was moving around because it was not fixed to the ground and after months of complaining, they fixed it just a couple of months ago.

7. A big water leak occurred underground, and I sent an email on 3rd of Oct 2016 to let them know to fix it and there was a flood in the reception area and damaged a lot of our stock. But they fixed it after one month on 5th of Nov 2016.

When I asked them why it took so long, they said it was because the owner wanted to repair it through her own plumber and they couldn't do anything. The owner visited us with her plumber on 18th of Oct 2016 and fixed the leakage on Sat 5th of Nov 2016.

Then they sent me bills including a water usage bill of $1603.85 by email on 9th of Dec 2016 and also a breach notice by email and registered post on 2nd of Dec 2016.

I asked them by email to send me a copy of the original bill from South East Waters so I can talk to them personally about the big bill. They sent me a copy of the bill by email. Then I realised that the original bill is credited and has a credit of $1297.95 which was received by them on 30th of Nov 2016 according to their stamp.

I emailed back and asked them that why they have sent me this bill of $1603.85? Now they say that I do not owe any water usage bill. I asked the question again but they still couldn't satisfy me and I need the answer. If i have the credit of $1297.95 on the original bill, then why did they ask me for the payment of $1603.85?

I have all the emails on record as a proof.

They have been harassing me through emails again and again that if I don't pay the sum of $10,078.90 by 16th of Dec 2016, they will lock the premises. I couldn't concentrate on my work & business in last couple of weeks and I keep checking anything in property law and solutions. I couldn't sleep well these days because of the depression this has caused me.

I found this website after researching and hope you can guide me in this situation.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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First thing is to pay all rent owed.

Then send a demand letter saying to fix x, y z.

If not fixed within reasonable time, say 30 days, start VCAT proceedings over issues that need fixing. Keep track of lost revenue due to the landlord's unwillingness to fix outstanding issues. Keep a document trail ready for VCAT.
 

Ghulam Hazara

Member
19 December 2016
2
0
1
First thing is to pay all rent owed.

Then send a demand letter saying to fix x, y z.

If not fixed within reasonable time, say 30 days, start VCAT proceedings over issues that need fixing. Keep track of lost revenue due to the landlord's unwillingness to fix outstanding issues. Keep a document trail ready for VCAT.
Thanks Rod for your valuable help but what about the misleading bill? What kind of action can I take against it if you can answer please?
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Your first step would normally be to the SBC rather than VCAT. I say this on the assumption that you're in a retail lease? There is a fair chance that if proceedings were to commence either way, VCAT would send parties back there to mediate anyway.

If they do proceed with the lock out, the typical steps would be to apply for an relief against forfeiture; VCAT tend to favour tenants over landlords (generally speaking), provided that the tenant is financial and can meet their obligations under the lease.

I emailed back and asked them that why they have sent me this bill of $1603.85? Now they say that I do not owe any water usage bill. I asked the question again but they still couldn't satisfy me and I need the answer. If i have the credit of $1297.95 on the original bill, then why did they ask me for the payment of $1603.85?

I have all the emails on record as a proof.

From what you've said I don't see an action that you can take as you haven't suffered any loss.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
re: Water bill. Mistakes happen, don't worry about it if it is no longer an issue.

VSBC then VCAT if you have a retail lease
VCAT if you have a residential lease.