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Rent increase - advice needed!

Rent increase - advice needed!

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Old Mar 5th 2010, 3:24 am
  #1  
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Default Rent increase - advice needed!

Hi Guys,

In need of some advice here. I was sent a notice of rent increase in November 2009. I contacted back the agent over the phone telling him that there are some repairs to be done, if the landlord agrees to repair these then I've no issue with the rent increase. I was asked to send a detailed email about it to the agent which I did on November 11. Since then I've not heard from them again. My rent was supposed to increase from Jan 12th but looking at the bank statements I realized it hadn't. I thought maybe the landlord doesn't want to go with the repairs.

Today, the agent called me up saying I've a due of $160 that I need to pay. He also asked me to call their direct debit office and update my direct debit so that it charges the currect amount next time. If it's my responsibility, wasn't he supposed to tell me this before the actual rent increase?

I'm not sure what I am supposed to do now. I feel like the agent deliberately didn't contact me all this time and now he's increasing the rent from the past date anyway. Today he had asked me to send him the old email again saying he'll discuss it with the landlord meanwhile I should pay the due asap!

It would be great if someone can help me with this. What are my rights here and what should I do now?

Thanks in advance.
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Old Mar 5th 2010, 3:48 am
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Default Re: Rent increase - advice needed!

Originally Posted by silentwalker
It would be great if someone can help me with this. What are my rights here and what should I do now?
Contact the tenancy advice service in your state and find out what your rights are (google: "tenancy advise"+[your state]).

Tenants usually have hardly any rights and you will probably find it's a case of pay the increase in the rent or move out.
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Old Mar 5th 2010, 5:39 am
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Default Re: Rent increase - advice needed!

The law states that you cannot withhold rent for ANY reason.
 
Old Mar 5th 2010, 10:59 am
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Default Re: Rent increase - advice needed!

what state do you live in? In Victoria the tenants rights are actually quite strong - there's the Residential Tenancies Act. You'll have to see what there is in your state.

I had problems with my last landlord because the g*t tried to withhold $220 from my bond. I read the Act and found all sorts of things the greedy f**ker had done incorrectly. I increased the amount he owed me to $500 as he had been incorrectly charging me for utilities. I pointed them out saying I'm taking him to court and he hastily paid up.

Of course I don't know which state you are in - but if this happened to me in Victoria I would say the following:

"I am entitled to ask Consumer Affairs to determine whether this increase in rent is reasonable. As you know we agreed over the telephone that the increase in rent would be reasonable if you conducted repairs (state repairs). Because you have not conducted these repairs while wanting the increase in rent I find this unreasonable. If you still insist increasing the rent while not performing these repairs I shall make a formal complaint against you to Consumer Affairs and ask them to review whether this increase in rent is reasonable."

Also I would read the Residential Tenancies Act to see if anything has been done incorrectly and if not throw them in for good measure.
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Old Mar 6th 2010, 1:12 am
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Default Re: Rent increase - advice needed!

Originally Posted by Deutschmaster
what state do you live in? In Victoria the tenants rights are actually quite strong - there's the Residential Tenancies Act. You'll have to see what there is in your state.

I had problems with my last landlord because the g*t tried to withhold $220 from my bond. I read the Act and found all sorts of things the greedy f**ker had done incorrectly. I increased the amount he owed me to $500 as he had been incorrectly charging me for utilities. I pointed them out saying I'm taking him to court and he hastily paid up.

Of course I don't know which state you are in - but if this happened to me in Victoria I would say the following:

"I am entitled to ask Consumer Affairs to determine whether this increase in rent is reasonable. As you know we agreed over the telephone that the increase in rent would be reasonable if you conducted repairs (state repairs). Because you have not conducted these repairs while wanting the increase in rent I find this unreasonable. If you still insist increasing the rent while not performing these repairs I shall make a formal complaint against you to Consumer Affairs and ask them to review whether this increase in rent is reasonable."

Also I would read the Residential Tenancies Act to see if anything has been done incorrectly and if not throw them in for good measure.
What happens if the Agent then comes back and says the landlord no longer wishes to extend the rental agreement ?
 
Old Mar 6th 2010, 1:22 am
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Default Re: Rent increase - advice needed!

I would take the view that you made a counter proposal to their rent increase and that if it wasn't acceptable they should have served you with a notice to quit.

What repairs need doing? Are they minor?

Isn't it amazing how many rental agents lose emails or fail to get them.
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Old Mar 6th 2010, 4:37 am
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Default Re: Rent increase - advice needed!

Originally Posted by ABCDiamond
What happens if the Agent then comes back and says the landlord no longer wishes to extend the rental agreement ?
A landlord either has to give 120 days notice for a tenant to vacate the premises with no reason, or I believe it is 60 days notice with various reasons acceptable to Consumer Affairs.

The tenant can then dispute the notice to vacate the premises saying that it is due to complaining in the first place.
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Old Mar 6th 2010, 9:29 am
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Default Re: Rent increase - advice needed!

Get on to the tenents advice centre. The QLD one have been great help to us over the years.

Real estate agents think they can do what they want. Leave the house in disrepair but put the rent up. We've taken one agent to court over here (and won) and would happily do it again.
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Old Mar 7th 2010, 12:18 am
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Default Re: Rent increase - advice needed!

If it was me I would be annoyed by this and give them notice that I was leaving and find somewhere else.

Theres lots of rentals around so theres no need to put up with it. Moving maybe a few days hardwork but personally I would rather do that than stay somewhere I felt I was being messed around

You might even find a much nicer place to
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Old Mar 8th 2010, 2:05 am
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Default Re: Rent increase - advice needed!

Originally Posted by Deutschmaster
what state do you live in? In Victoria the tenants rights are actually quite strong - there's the Residential Tenancies Act. You'll have to see what there is in your state.

I had problems with my last landlord because the g*t tried to withhold $220 from my bond. I read the Act and found all sorts of things the greedy f**ker had done incorrectly. I increased the amount he owed me to $500 as he had been incorrectly charging me for utilities. I pointed them out saying I'm taking him to court and he hastily paid up.

Of course I don't know which state you are in - but if this happened to me in Victoria I would say the following:

"I am entitled to ask Consumer Affairs to determine whether this increase in rent is reasonable. As you know we agreed over the telephone that the increase in rent would be reasonable if you conducted repairs (state repairs). Because you have not conducted these repairs while wanting the increase in rent I find this unreasonable. If you still insist increasing the rent while not performing these repairs I shall make a formal complaint against you to Consumer Affairs and ask them to review whether this increase in rent is reasonable."

Also I would read the Residential Tenancies Act to see if anything has been done incorrectly and if not throw them in for good measure.
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Old Mar 8th 2010, 2:15 am
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Default Re: Rent increase - advice needed!

Originally Posted by silentwalker
Hi Guys,

In need of some advice here. I was sent a notice of rent increase in November 2009. I contacted back the agent over the phone telling him that there are some repairs to be done, if the landlord agrees to repair these then I've no issue with the rent increase. I was asked to send a detailed email about it to the agent which I did on November 11. Since then I've not heard from them again. My rent was supposed to increase from Jan 12th but looking at the bank statements I realized it hadn't. I thought maybe the landlord doesn't want to go with the repairs.

Today, the agent called me up saying I've a due of $160 that I need to pay. He also asked me to call their direct debit office and update my direct debit so that it charges the currect amount next time. If it's my responsibility, wasn't he supposed to tell me this before the actual rent increase?

I'm not sure what I am supposed to do now. I feel like the agent deliberately didn't contact me all this time and now he's increasing the rent from the past date anyway. Today he had asked me to send him the old email again saying he'll discuss it with the landlord meanwhile I should pay the due asap!

It would be great if someone can help me with this. What are my rights here and what should I do now?

Thanks in advance.
Here's the NSW rights

http://www.tenants.org.au/
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Old Mar 8th 2010, 10:33 pm
  #12  
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Default Re: Rent increase - advice needed!

Thanks everyone for your replies. It really means a lot. I've gone through my options in last few days and both me and my wife agreed that we should just take the option which buys our peace of mind!

I've increased the rent amount by calling the payment department yesterday. This is the first time I'm facing this issue and I didn't realize I had to do it. Since the payment is taken by rental agency's payment department, I had assumed they would've increased it by themselves. Hence the confusion and the due amount of few weeks.

As ABC has stated, tenant cannot withhold payment for any reason. So I suppose I'll have to payback the due amount as well and give a final push for the repairs. If he still doesn't act.. I'll lodge complaint. More info on that here. I've not given a deadline for the repairs to him before which seems like a requirement.

dave99, we did consider about moving out. But apart from hassels on our part, I guess the agent won't mind that too much either. All they need to do is stick up the advert and it'll be taken by next week, probably at even higher rate!

Not long ago, back at home, these problems were dealt by my Dad. I guess problems like these make me feel like I'm running a family!!
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