QLD Real Estate Agents and Tennants Rights

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Shay123

Member
18 October 2020
4
0
1
Hi, and thank you so kindly for reading:
I believe I have the rights to sue a real estate agency but don't know where to go from here. Can you recommend any pro bona lawers?
I also feel doing this helps as I do not want anyone else to end up in the situation as myself.


My issues are:
1. Renting- No correct entry report

2. Absolutely No exit report - Have heard a statement from the property manager to the RTA conciliator that there has never been an inspection or exit report completed. I exited rental property in May and it is now October.

3. Property manager provided an entry report dated after I left the property 15/05/2020 May to QCAT in October 2020, after reporting to an RTA conciliator that no inspection or report has been completed to this date of 29th September. Are they allowed to do that? Write a report and date it, produce dated photos? Where they have already admitted no such things were don't as yet as far as October. Some photos are fabricated too.

4. Property had so many things wrong with it on entry. Too many to list. But I hand wrote them. They did not work with my entry report. Cleverly caught me off guard, Invited me into their office to attend to some paperwork, where there was waiting for me an entry report 14 days after entry, typed out neatly by themselves with incorrect submissions on it. I told them- NO THANKS- THIS IS NOT CORRECT- I tried to remember everything I had on my report I gave them that they said they lost, so they could type their FRESH REPORT. They were angry at me for not wanting their report and spending time to give instructions for them to type. And would not let me go home to get my copy of the report I downloaded from RTA that I filled in and that they said they lost. Telling me my writing is not good enough, NEAT etc and the report HAS TO BE TYPED FOR THE RTA - NOT HAND WRITTEN. To date even I have never seen this entry report as an honest and accurate document. I only have a copy of my downloaded form that I filled in myself and gave to them that they ignored.

5. I vacated on the 15th of May. The property manager and associate entered my property on the 14th May with no 24 hours notice while I was not home. I have evidence in writing of this.

6. I was asked to leave during the COVID 19 lockdown. I never agreed with this. I just did what they asked to get away from all the drama. My rent was paid.

7. IN QCAT they have submitted false documents, that can be proven as false and claims to the tune of $10,800. Most of the claim is based on a meth test and clean up they want me to pay for, even though there was never any meth used in the house and no meth or dangerous drug found in the house by police, several weeks before my exit date, during my tenancy. Will I be forced to pay this amount for all their claims? Is there a rule about meth testing before tenants enter a property? Can someone be held liable for meth cleanups if there was never any meth test done prior to entry of a rental property? I urge any Tennant or buyer of a property to get one done ( do it yourself kits sell for around 160 bucks) on entry or before purchase to avoid being in the same situation as myself. I read Meth - crack on walls and furniture, can live for many years and make people living in houses sick. The stuff lives under paint!!! so, you can not even paint over it and paint it out?
 

Harry De Elle

Well-Known Member
11 February 2017
63
3
199
What financial losses have you incurred which you can justify because of the actions of the agent ?.
Make an application to QCAT and argue it there.
Speak to the Real Estate Institute of Queensland as well and get their perspective.
Speak to the Queensland tenants association they may help or Legal aid if you are experiencing financial hardship.
 

Shay123

Member
18 October 2020
4
0
1
Hi, thank you for the reply.
We completed the QCAT court last week. I took so much evidence to the courtroom. Some of the Real Estate documents submitted by the property manager were false or had wrong dates on them. It became obvious the agent wanted to spruce the property up at my expense. No decision has been made yet by the judge. But I feel I should pursue for personal injury. Just trying to find a lawyer to assist me with this.