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i was recently staying in a serviced apartment in melbourne

 
Peter J R Gauld's Avatar
  • Answered by:Peter J R Gauld
  • Solicitor
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Customer Question

i was recently staying in a serviced apartment in melbourne at approx $165 per night. I had paid a total of $1500 since i moved in. I provided my visa debt card as they wanted to bill a credit card. Shortly after moving in my card was blocked (by Falcon ANZ is my issuer) due to internet fraud. approx 6 weeks after that I received an invoice for approx $5000. As I did not have ready access to the money I paid $1000 cash immediately and agreed to pay another $1000 the following day by 2pm. Unfortunately I was late getting back to the apartment the following day and reception was closed. I went to my room to find the locks changed. They have now advised they are keeping my property until the bill is paid. Do I have any rights here to A. get me property returned immediately and B. compensation for having to find somewhere else to stay, cost to purchase new cloths and personal items etc.

Submitted: 931 days and 12 hours ago.
Category: Australia Law
Value: AU$84
Status: CLOSED

Accepted Answer

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Expert:  Peter J R Gauld replied 931 days and 12 hours ago.

Chat Conversation Started

Peter J R Gauld :

what communications happened in the ? five weeks when you didn't pay?

Customer :

They advised that they left an invoice in my room however I did not see it. They did call the room and speak to my partner while I was away for a few days and advise there was an amount owing which he advised me of. There was no mention of any action that would occur. I agree that I owe the money and was prepare to make payments to bring the account up to date within 5 days. On the day they changed the locks, I returned at 6pm they did not try and contact me or advise they were locking me out of the room.

Peter J R Gauld :

Why didn't you ask the bank to release funds to you to pay your rent.? The bank would comply with the request of this kind.

Customer :

At the time I did not have funds available in my account and had to arrange for money to be transferred into my account. That aside, are you able to provide me with an overview of where I stand legally? Also can you please advise why this case is closed?

Peter J R Gauld :

As far as I am concerned this is not closed.

Peter J R Gauld :

This chat facility is new to this service and I believe it has some bugs. This is not the first time that this has happened.

Peter J R Gauld :

The answer to your question will depend upon whether you are covered by the Residential Tenancies Act.

Peter J R Gauld :

Did you have any form of lease? Do you know what sort of rights of occupancy you had?

Peter J R Gauld :

If you are covered by the Residential Tenancies Act the "landlord" will have acted illegally.

Customer :

Hi Peter

Customer :

as it was a short stay I am not sure if it is covered by innkeepers act or the Residential Tenancies Act....i think perhaps the fist

Customer :

*first

Customer :

no there was no lease as such

Customer :

I just advised how many nights I would like to stay

Customer :

same concept as say quest serviced apartments etc

Customer :

I can run upstairs and see what I have if you like, however I believe they have siezed most of the paperwork when they changed the locks.

Customer :

im at a net cafe....i will log out and return in 5 mins

Customer :

Hi Peter are you there

Customer :

i found this on their website under terms and conditions :

Customer :

14. You agree that regardless of your length of stay there is no tenancy or other rights created under any Landlord or Tenant laws and there are no such laws that apply to your stay. We grant you a license to stay in our apartments and you agree that we may terminate the license at any time without giving you a reason.

Customer :

hi

Customer :

im just going to pay this and be done with it

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 99.3 %
Accepts: 571
Answered: 9/21/2010

Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.

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Customer replied 663 days and 19 hours ago.

You never provided a suitable answer to my question and did not even reply and now you are asking if I want more help. I was not happy with the work you did so why would I get you to do more work for me?

Customer replied 617 days and 23 hours ago.

Relist: Incomplete answer.
I have still not received a valid reply for this question...can you please have this reviewed and answered

 
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