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Breaking lease - help needed
Hi all,
Husband and I rented a property starting date 29th August 2014. All goods arrived that day from the UK (very exciting) not seen them since May. On closer inspection of the property (filling in the condition report) we noticed the following: no plugs in any of the 5 sinks and 1 bath, the gas hob ignition switch had broken off, so hob useless. The grill did not work in the oven. Both smoke alarms had been unscrewed slighly from the ceiling and no batteries in them. Huge down stairs back window where sun would shine in had no curtain/ blind etc. Crack in the bath about 1 inch long, I originally just thought it was a hair, but when I bought a bath plug I realised it was a crack/hole, so bath is unusable. Lots of issues with door keys etc not working. The place was filthy !! I feel I could go on and on and I know it all sounds rather petty. Anyway we have paid the rent upfront, but decided to go back to our other accomodation until some of the problems were resolved, eg; the cooker, smoke alarms. We finally moved in last week and started unpacking boxes etc. Right I will get to the point now, the neighbour and her front door and fly screen door (we have the same). Our neighbour gets up at 5am and bangs every cupboard and wardrobe door in her room, my head board backs onto the wall of her wardrobe, she then runs up and down the stairs doing exercises and then goes out of her front door banging them both numerous times to close them. I am a very light sleeper but it also appears that these houses are made out of paper and the single glazing may as well not be there. So we are both awake from 5am, she then comes back around 5.45am and the door slamming starts all over again. Then again at 6.30am when she leaves for work. Then her 20 something daughter gets up and is twice as noisy if that is at all humanly possible. So last night we decide we would have an early night and go to bed at 11.30pm instead of our usual 12.30am. And surprise surprise the daughter arrives home at 12am and proceeds to have a discussion with her mates on the doorstep, it would have been easier and warmer for them to have just joined us in bed !, she then bids them good night and slam slam slam those doors again, she then comes out half an hour later and has a cigarette on the doorstep and slam slam slam. This morning I was again woken before 5am with the slamming of the wardrobe door, so I thought frick this I have had enough. I get up and get dressed and go and sit on the doorstep to wait for Mrs jogger arriving back. I politely introduce myself and say that whilst I appreciate that our neighbour likes jogging at 5am, 7 DAYS A WEEK ! I also asked if she could bear in mind how noisy the doors are as we have the same doors and we make every effort to be quiet, (we leave around 7.45am) only 5 days a week, we appreciate people like a lie in on the weekend (including hardworking us). Well imagine my surprise when the sour faced bitch, turned on me and smirked and said, "I OWN my property, you are just renting, don't expect me to move out, if you don't like the noise, good luck with your move". I said, "thank you for being such a considerate neighbour" and she smirked and said "your welcome" !!! We signed our lease for 18 months (the estate agent requested this to keep the rent from being put up !!) and like mugs we signed. We have paid our October rent a few days ago and are absolutely f****ed off to say the least. We have a 4 bedroom and 1 study house, crammed into this 3 bedroom rental, I have about 25 boxes I haven't even attempted to open and we are now planning on moving out. Just wanted a vent really, and now we are going to have to spend this weekend looking at properties, which we did for the first 6 weeks we landed and drove us mental, as most of them are disgusting, old and very very overpriced. We are not staying here long term so buying is not an option for us. I informed the estate agent today that we would be looking for another property, the receptionist said, put it in an email. We are in Melbourne, thanks for listening |
Re: Breaking lease - help needed
I think there is a law against excessive noise between 11pm and 7am but you might want to check that.
To be fair to the Estate agent, they are not responsible for noisy neighbours and so it's not reason to break a contract. If the repairs are all complete (hence why you moved back in) then I would think your only option is to try again with your neighbour and then the police. But, I doubt you'll get very far with a teenager. |
Re: Breaking lease - help needed
Thanks for the reply,
The bath still has a hole in it, we bought all 6 plugs, we bought batteries for the smoke alarms but they were actually broke so 2 second hand ones were fitted !! no idea where you get 2nd hand smoke alarms but apparantly the landlord has several properties. I know in the tenancy agreement it states that the landlord has to allow you to have "quiet enjoyment of the property". The daughter is in her late 20's they are both professional women who go out to work dressed very smart and both have cars, forgot to mention the daughter sits reving hers up for 20 minutes whilst she has a cigarette in the morning outside our front door. I know it is not the agents fault but I cannot function and neither can my husband on 4 hours sleep a night, he has a difficult job and has said he is shattered at work by 1pm and cannot focus, he works till roughly 6.30pm each night. I have been diagnosed with a few illnesses this year and my hormones and lack of sleep are giving me migraines. I feel sick to my stomach and wish we had just walked away from the property the day we moved in. I know we are going to have to throw about 10,000 at this and still lose our bond etc etc, I just feel sick that someone cannot shut a door quietly. It all sound petty but they are very very noisy. This is not the Australia we came for, I cannot live in a house for another 17 months with a bitch and her selfish daugheter as a neighbour, this is a fking nightmare !! |
Re: Breaking lease - help needed
I believe quiet enjoyment of the property refers to the landlord not disturbing you with unscheduled visits and so on. I don't think the landlord can be held responsible for noisy neighbours and the contract wouldn't be suggesting that they can.
I expect you just have to take the hit and pay up until they re-let it. At least properties do tend to go fairly quickly in Australia. |
Re: Breaking lease - help needed
Suggest getting some advice from tenants organisation Victoria. Also read the lease as it will have something in it about breaking a fixed term. In nsw you can pay a lease break fee if the contract allows, but not sure about the position in Victoria. Annoying and inconsiderate neighbours are unfortunately not normally a get out of lease condition.
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Re: Breaking lease - help needed
Just crank your music up so you can't hear them. Then tell them it's the only way you can't hear their noise. ;)
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Re: Breaking lease - help needed
Originally Posted by sadieb
(Post 11425441)
Thanks for the reply,
The bath still has a hole in it, we bought all 6 plugs, we bought batteries for the smoke alarms but they were actually broke so 2 second hand ones were fitted !! no idea where you get 2nd hand smoke alarms but apparantly the landlord has several properties. I know in the tenancy agreement it states that the landlord has to allow you to have "quiet enjoyment of the property". The daughter is in her late 20's they are both professional women who go out to work dressed very smart and both have cars, forgot to mention the daughter sits reving hers up for 20 minutes whilst she has a cigarette in the morning outside our front door. I know it is not the agents fault but I cannot function and neither can my husband on 4 hours sleep a night, he has a difficult job and has said he is shattered at work by 1pm and cannot focus, he works till roughly 6.30pm each night. I have been diagnosed with a few illnesses this year and my hormones and lack of sleep are giving me migraines. I feel sick to my stomach and wish we had just walked away from the property the day we moved in. I know we are going to have to throw about 10,000 at this and still lose our bond etc etc, I just feel sick that someone cannot shut a door quietly. It all sound petty but they are very very noisy. This is not the Australia we came for, I cannot live in a house for another 17 months with a bitch and her selfish daugheter as a neighbour, this is a fking nightmare !! Usually you can break the lease if you find another tenant, may mean paying for the advertising and rent till new tenant is found. Mind you pity the poor person who rents it:(. We have had so many loud neighbours , tennis playing at 5am, kids in pool at 5am, dogs barking for 10 hour shifts.... plus in QLD its doors and windows all open for 10 months of the year, every house has some deck/patio so you can enjoy your neighbours every fart/sneeze/conversation/argument at all hours and the nightly stink of bbq smoke. People just seem pretty loud in general. Can you move your bed off that wall?. As for smoke alarms, they are usually maintained in a rental property by a company licensed to do so, its a huge liability area, the managing agents usually discourage anyone else to even touch them. Professional inspections 6 mos, 12 mos and every tenant change that is in QLD. Put in writing the smoke alarms dont work, no sane landlord would want that on their head. Ditto stove, you got zapped? think someone will act then. |
Re: Breaking lease - help needed
Use this as a starting point for knowing where you stand.
tenants union of victoria - Tenants Union of Victoria Use this as a starting point for knowing where you stand with regard to Residential noise. Prohibited times for residential noise | Environment Protection Authority | EPA Victoria Build your case citing excerpts from each to your Rental Agent and get them to rectify, it is in their interests to keep the rental income going. |
Re: Breaking lease - help needed
Hi Sadie, PMd you with some advice I can't put on the public forum.
BB |
Re: Breaking lease - help needed
Originally Posted by sadieb
(Post 11425413)
We signed our lease for 18 months (the estate agent requested this to keep the rent from being put up !!) and like mugs we signed.
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Re: Breaking lease - help needed
Originally Posted by astera
(Post 11427904)
Could it be that the landlord knew exactly what the situation was (with the "neighbours") and wanted a long lease for this very reason? 18 months min. term seems a bit high...
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Re: Breaking lease - help needed
I have never heard of having a new tenant on an 18 month lease. We prefer to put our tenants on a 6 month lease if possible to assess the suitablility both ways. If all is going well then onto a 12 month.
Sounds like they may have had issues before with the property. |
Re: Breaking lease - help needed
I may be wrong, but surely they are not allowed to fit second hand smoke detectors by law! Iould be chasing this up with both the appropriate rental authority in Melbourne AND Vic Fire.
Also if you do break the lease, I have had good advice to advertise it on Gumtree. That way you may save yourself money by letting the agency do the work. |
Re: Breaking lease - help needed
Sadieb, just out of curiosity is the landlord local or foreign?
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Re: Breaking lease - help needed
Originally Posted by astera
(Post 11428368)
Sadieb, just out of curiosity is the landlord local or foreign?
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Re: Breaking lease - help needed
Originally Posted by Dorothy
(Post 11428377)
Why in heaven's name would that matter? :confused:
Over in Singapore you'll find some patterns in terms of "higher chance" of this of that, and that's from both sides of the fence when looking at landlords as well as tenants. But since this is a different market I'm only asking out of pure curiosity... |
Re: Breaking lease - help needed
i would try contacting the RTA (rental tribunal Australia)
contact the Council and ask them the laws on noise and times. TAKE PHOTOS OF EVERY THING!!!!!! the RTA are overly helpful if you have proof! |
Re: Breaking lease - help needed
Originally Posted by sadieb
(Post 11425441)
Thanks for the reply,
The bath still has a hole in it, we bought all 6 plugs, we bought batteries for the smoke alarms but they were actually broke so 2 second hand ones were fitted !! no idea where you get 2nd hand smoke alarms but apparantly the landlord has several properties. I know in the tenancy agreement it states that the landlord has to allow you to have "quiet enjoyment of the property". The daughter is in her late 20's they are both professional women who go out to work dressed very smart and both have cars, forgot to mention the daughter sits reving hers up for 20 minutes whilst she has a cigarette in the morning outside our front door. I know it is not the agents fault but I cannot function and neither can my husband on 4 hours sleep a night, he has a difficult job and has said he is shattered at work by 1pm and cannot focus, he works till roughly 6.30pm each night. I have been diagnosed with a few illnesses this year and my hormones and lack of sleep are giving me migraines. I feel sick to my stomach and wish we had just walked away from the property the day we moved in. I know we are going to have to throw about 10,000 at this and still lose our bond etc etc, I just feel sick that someone cannot shut a door quietly. It all sound petty but they are very very noisy. This is not the Australia we came for, I cannot live in a house for another 17 months with a bitch and her selfish daugheter as a neighbour, this is a fking nightmare !! These are my suggestions. Read the following link very carefully, not just this page, but any others that are relevant to your situation. Breaking a lease - Tenants Union of Victoria Your neighbours sound horrible, and I hope their chooks turn into emus and kick their dunny down. But - in terms of liability, your landlord has none. He/she may well have known about the neighbours from hell, but you'd never prove it and I suspect it would be largely irrelevant anyway. Your local council is the place to complain to about excessive noise. I think you might have a slight chance of being 'let off' the requirement to pay full rent until the place is re-let. You would need to base this on the fact that the smoke alarms are second hand (what a cheapskate your landlord is, new ones are as cheap as chips), and that the bath still has a hole in it. In my view, by not making good on these items, your landlord may have breached his/her duty to you as a tenant, specifically in the two areas in bold type below (info taken from the above link) When can you serve a breach of duty notice? Your landlord has breached a duty when they have failed to: provide vacant and clean premises allow you ‘quiet enjoyment’ of the premises maintain the premises in good repair make sure that replacement water appliances or fittings have at least an A rating provide locks on all external doors and windows provide keys if locks are changed If you want the landlord to fix the breach, you will need to give them a breach of duty notice. If you follow the correct procedure outlined in the link, and serve a breach of duty notice on your landlord - and advise them that you are quite prepared to take the matter to the Victoria Civil and Administrative Tribunal if they don't comply (which you are quite entitled to do) - then this may see the landlord more willing to negotiate a reduced penalty for breaking the lease. If he/she is dodgy and money hungry enough to install second hand smoke alarms to save a few bob, I'd be inclined to think that any threat of civil action, which would open their business practices to legal scrutiny, might swing things in your favour. Give it a try, you have absolutely nothing to lose and a fair bit to gain. Let us know how you get on, best of luck. |
Re: Breaking lease - help needed
Originally Posted by sadieb
(Post 11425413)
Hi all,
Husband and I rented a property starting date 29th August 2014. All goods arrived that day from the UK (very exciting) not seen them since May. On closer inspection of the property (filling in the condition report) we noticed the following: no plugs in any of the 5 sinks and 1 bath, the gas hob ignition switch had broken off, so hob useless. The grill did not work in the oven. Both smoke alarms had been unscrewed slighly from the ceiling and no batteries in them. Huge down stairs back window where sun would shine in had no curtain/ blind etc. Crack in the bath about 1 inch long, I originally just thought it was a hair, but when I bought a bath plug I realised it was a crack/hole, so bath is unusable. Lots of issues with door keys etc not working. The place was filthy !! I feel I could go on and on and I know it all sounds rather petty. Anyway we have paid the rent upfront, but decided to go back to our other accomodation until some of the problems were resolved, eg; the cooker, smoke alarms. We finally moved in last week and started unpacking boxes etc. Right I will get to the point now, the neighbour and her front door and fly screen door (we have the same). Our neighbour gets up at 5am and bangs every cupboard and wardrobe door in her room, my head board backs onto the wall of her wardrobe, she then runs up and down the stairs doing exercises and then goes out of her front door banging them both numerous times to close them. I am a very light sleeper but it also appears that these houses are made out of paper and the single glazing may as well not be there. So we are both awake from 5am, she then comes back around 5.45am and the door slamming starts all over again. Then again at 6.30am when she leaves for work. Then her 20 something daughter gets up and is twice as noisy if that is at all humanly possible. So last night we decide we would have an early night and go to bed at 11.30pm instead of our usual 12.30am. And surprise surprise the daughter arrives home at 12am and proceeds to have a discussion with her mates on the doorstep, it would have been easier and warmer for them to have just joined us in bed !, she then bids them good night and slam slam slam those doors again, she then comes out half an hour later and has a cigarette on the doorstep and slam slam slam. This morning I was again woken before 5am with the slamming of the wardrobe door, so I thought frick this I have had enough. I get up and get dressed and go and sit on the doorstep to wait for Mrs jogger arriving back. I politely introduce myself and say that whilst I appreciate that our neighbour likes jogging at 5am, 7 DAYS A WEEK ! I also asked if she could bear in mind how noisy the doors are as we have the same doors and we make every effort to be quiet, (we leave around 7.45am) only 5 days a week, we appreciate people like a lie in on the weekend (including hardworking us). Well imagine my surprise when the sour faced bitch, turned on me and smirked and said, "I OWN my property, you are just renting, don't expect me to move out, if you don't like the noise, good luck with your move". I said, "thank you for being such a considerate neighbour" and she smirked and said "your welcome" !!! We signed our lease for 18 months (the estate agent requested this to keep the rent from being put up !!) and like mugs we signed. We have paid our October rent a few days ago and are absolutely f****ed off to say the least. We have a 4 bedroom and 1 study house, crammed into this 3 bedroom rental, I have about 25 boxes I haven't even attempted to open and we are now planning on moving out. Just wanted a vent really, and now we are going to have to spend this weekend looking at properties, which we did for the first 6 weeks we landed and drove us mental, as most of them are disgusting, old and very very overpriced. We are not staying here long term so buying is not an option for us. I informed the estate agent today that we would be looking for another property, the receptionist said, put it in an email. We are in Melbourne, thanks for listening Hi Sadie, would love to know how you went on with this. Did you manage to break the lease successfully? We are in a similar situation, only our neighbours aren't bad, it's just the house, it's full of surprises and not nice ones at that. |
Re: Breaking lease - help needed
You can notify them that you want to break the lease. I have done it before. What normally happens is that they will say to you that you have to continue paying until a new tenant is found and you will have to pay advertising fees.
They will then advertise and arrange home open times with you. You dont have to be there as the agent will show people arond, although obviously cleaning up and locking up your valuables is a good idea. If someone likes the place, they put in an application and the agents notify you. typically you will then have a couple of weeks to move out. The tricky bit is the timing, obviously you don't want to get somewhere new and be paying two rents, but then if you have to move quickly you can end up in somewhere just as bad. If you are lucky though, and I was, once you get an application in from someone you book a few days off work, run around to as many viewings as physically possible. Put in your own application elsewhere which takes about a week to finalize and then your laughing! It can be tricky but definitely consider doing it rather than staying. |
Re: Breaking lease - help needed
Originally Posted by dave99
(Post 11458820)
You can notify them that you want to break the lease. I have done it before. What normally happens is that they will say to you that you have to continue paying until a new tenant is found and you will have to pay advertising fees.
They will then advertise and arrange home open times with you. You dont have to be there as the agent will show people arond, although obviously cleaning up and locking up your valuables is a good idea. If someone likes the place, they put in an application and the agents notify you. typically you will then have a couple of weeks to move out. The tricky bit is the timing, obviously you don't want to get somewhere new and be paying two rents, but then if you have to move quickly you can end up in somewhere just as bad. If you are lucky though, and I was, once you get an application in from someone you book a few days off work, run around to as many viewings as physically possible. Put in your own application elsewhere which takes about a week to finalize and then your laughing! It can be tricky but definitely consider doing it rather than staying. Cheers Dave, glad we took your advice. I was a bit apprehensive about doing it at first as we had never done it before but our estate agents have been so supportive and apparently it happens all the time, so it's no big deal. I was also worried about a reference for our next rentals but again our estate agents have said they will leave us good feed back, as we have been good tenants and the breaking of our lease was due to us having no other choice. So that's another big worry off our minds. So today we have had the news that someone would like to take over our lease, so that's great news. :thumbsup: Time for Part Two of this crazy adventure! |
Re: Breaking lease - help needed
Originally Posted by Molly Coddle
(Post 11530286)
So today we have had the news that someone would like to take over our lease, so that's great news. :thumbsup: Time for Part Two of this crazy adventure! Sons 2 mates went down, cant stand it coming back, american friend there going back to seattle, another relative moving to GC and now you, I dont know you :lol: but you know what I mean. Work or lack of seems a common factor in above. Must read melbourne is marvellous threads :lol: And 3 of my family leave great jobs in QLD this week. |
Re: Breaking lease - help needed
Originally Posted by jad n rich
(Post 11530526)
Its spooking me how many people we know leaving Melbourne, just as we arrive:blink:
BB |
Re: Breaking lease - help needed
Originally Posted by jad n rich
(Post 11530526)
Its spooking me how many people we know leaving Melbourne, just as we arrive:blink:
Sons 2 mates went down, cant stand it coming back, american friend there going back to seattle, another relative moving to GC and now you, I dont know you :lol: but you know what I mean. Work or lack of seems a common factor in above. Must read melbourne is marvellous threads :lol: And 3 of my family leave great jobs in QLD this week. Well we knew you were moving here obviously. :lol: I'm surprised your sons two mates didn't like it here, out of all the major cities in Oz I reckon Melbourne caters the best for teens/20 something's, it's such a trendy place with loaaads going on for them. Did they say why they didn't like it? For me personally I've really grown to love it here. I've met some interesting people and everyone seems to have time to stop and talk to you, and are interested in your story. My neighbour whom I've become good friends with has been fantastic, all my neighbours have been great actually and they are a real mixed bunch, from all over the world so I guess they understand how big of a deal it is moving to a new country. I've been lucky to have them as neighbours, I'll miss them. On the whole I think Melbourne is quirky and different, a really unique place, It has a vibe going on that I haven't felt anywhere else in Australia. I would probably say it's the least 'Australian' place in Australia, but in a good way, if that makes sense. Shame we have to move really but our situation is taking us elsewhere so we've just got to go with it. I'll put it all down to experience, you can never get enough of it as far as I'm concerned. :thumbup: Regarding the work situation, and the line of work my husband is in there's definitely more work in Sydney. I think they will be a fair few moving that way now that the East West Link isn't going ahead here in Melb. |
Re: Breaking lease - help needed
Originally Posted by Molly Coddle
(Post 11531241)
On the whole I think Melbourne is quirky and different, a really unique place, It has a vibe going on that I haven't felt anywhere else in Australia. I would probably say it's the least 'Australian' place in Australia, but in a good way, if that makes sense.
"Never confuse Melbourne with Australia" :D BB |
Re: Breaking lease - help needed
Originally Posted by Molly Coddle
(Post 11531241)
Well we knew you were moving here obviously. :lol:
I'm surprised your sons two mates didn't like it here, out of all the major cities in Oz I reckon Melbourne caters the best for teens/20 something's, it's such a trendy place with loaaads going on for them. Did they say why they didn't like it? For me personally I've really grown to love it here. I've met some interesting people and everyone seems to have time to stop and talk to you, and are interested in your story. My neighbour whom I've become good friends with has been fantastic, all my neighbours have been great actually and they are a real mixed bunch, from all over the world so I guess they understand how big of a deal it is moving to a new country. I've been lucky to have them as neighbours, I'll miss them. On the whole I think Melbourne is quirky and different, a really unique place, It has a vibe going on that I haven't felt anywhere else in Australia. I would probably say it's the least 'Australian' place in Australia, but in a good way, if that makes sense. Shame we have to move really but our situation is taking us elsewhere so we've just got to go with it. I'll put it all down to experience, you can never get enough of it as far as I'm concerned. :thumbup: Regarding the work situation, and the line of work my husband is in there's definitely more work in Sydney. I think they will be a fair few moving that way now that the East West Link isn't going ahead here in Melb. As you say Melb has such a diverse population mix, it does add to its interest:thumbup: I have no prob with a few years there, but OMG I hope we can find work, it has never been a problem up here. Sons mates were on FB when they announced they were leaving, it was a really hot day that a storm blew in, the bit of casual work they picked up was cancelled, were paying more in rent than earnings, teething problems probably, but they decided not to stick it out. Its interesting loads of sons mates have gone up to Darwin and loved it. Big money, loads of casual work, very international, most blow back once the really wet season comes of course:lol: Quite a few have come back with the money for a car and a years UNI :thumbup: Do let us know how you have got on. Will you be settled for the boys school. |
Re: Breaking lease - help needed
Originally Posted by Buzzy--Bee
(Post 11531283)
I don't know where you're moving on to, but if it is another Australian city I will be very interested to hear your comparisons, as I have had the same experience of Melbourne as you and agree with your sentiments about it.
"Never confuse Melbourne with Australia" :D BB Well, I'm moving to the Sydney region not the city itself, so I won't be bang in the city this time, so probably won't be in a position to give feedback, but I have been working with an artist this morning who spent 5 years in Sydney and she's now in Yarraville, Melbourne. She tells me the two cities are very different and the people are very different, she says Sydney has a far faster pace of life and the people have snobberish mannerisms, and she finds that people in Melbourne are more down to earth. Basicly she said I must be mad to move there! :lol: but she hasn't put me off:p All I can do is give it a try.
Originally Posted by jad n rich
(Post 11531389)
Hey Good luck with wherever your move on to :thumbup:
As you say Melb has such a diverse population mix, it does add to its interest:thumbup: I have no prob with a few years there, but OMG I hope we can find work, it has never been a problem up here. Sons mates were on FB when they announced they were leaving, it was a really hot day that a storm blew in, the bit of casual work they picked up was cancelled, were paying more in rent than earnings, teething problems probably, but they decided not to stick it out. Its interesting loads of sons mates have gone up to Darwin and loved it. Big money, loads of casual work, very international, most blow back once the really wet season comes of course:lol: Quite a few have come back with the money for a car and a years UNI :thumbup: Do let us know how you have got on. Will you be settled for the boys school. Cheers Jad, and yep, I'll keep you updated! :thumbsup: X |
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