LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Property Law and Lease Dispute with Real Estate Agency

Discussion in 'Property Law Forum' started by Susan Lawson, 31 January 2016.

  1. Susan Lawson

    Susan Lawson Well-Known Member

    Joined:
    31 January 2016
    Messages:
    15
    Likes Received:
    1
    The real estate agency I had to use in order to lease a residential property had a court order issued to evict using an address which wasn't on the lease, and, in fact, does not exist. Unfortunately, a case of who do you believe for the magistrate.

    Bond disposal time and the real estate agency uses the address that the lease was signed for and a property condition report (partially completed and signed by me, before realising the address was incorrect).

    My question is, has this real estate agency voided the lease agreement with the legal address under Property Law and so their right to claim amounts from the security bond, also with the legal address? Also, I am now having to keep an eye on the identity theft issue for both a legal address that I have used and the address that the real estate agency fabricated for me.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    I doubt it.

    Both you and the landlord knew and understood which property it was that you were contracting to lease when you signed the papers so the fact that it was incorrectly described does not void the agreement. "Mutual mistake" at law which would render the contract void, requires that parties hold an erroneous belief about some crucial aspect of the agreement, however there was no mistake about what was leased here it was simply a typo.
     

Share This Page

Loading...