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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
Have you stopped the bond being released?
Are you still in possession?
If the lease has been broken and new names are ***** ***** the lease then it has to be paid.
If the lease had finished and then you left then there is no fee.
This only applies if there is a fixed term lease and the tenant leaves early, ie before the term finishes. .
You can file a complaint about the agent and have the disciplinary part of Fair trading deal with him.,
In relation to the tenant you have to raise these issues in the tribunal. They will not do much to them because they never invoke the disciplinary powers.
Yes you have to proceed and make your case.
The agent has acted inappropriately and should also be reported and teh tribunal should also be made aware in your evidence.
What state are you in?
It would cost you more than the bond to have them represent you.
The tribunal prefers no solicitors to be involved.
Here is the link and you choose the first one and lodge a complaint with the Department of Fair Trading about the management of the tenancy
Is this the first time in the tribunal for this matter?
If they have breached the act and you have suffered loss you have to make sure that you set that out.
If you have not and need to then you seek to have an adjournment to amend your application.
They will grant that and give new dates and until this progresses the bond is frozen.
It is valid. Even a verbal agreement is valid under the act.
The tribunal has jurisdiction.
You should have all the emails in sequence to show what you are saying.
I hope this all assists and makes sense.
It has the jursidiction to deal with residential leases
Which is what you are looking at
No each court has its own jurisdiction.
The high court is the highest court in the land and it is the only court that can challenge government policy under the constitution.
They cannot claim the bond themselves it has to go to the landlord.
They have committed an offence and they can be struck off. It is misappropriation of funds.
This is the act that governs Real Estate Agents
In your case there is no need to claim on the compensation fund because the money has not been taken by the agent.
If the agent had received the money and did not pass it on then you can apply to have the compensation fund reimburse you.
Because the bond is not released there is no such claim.
You have to proceed against the agent so that the bond is not released to him.
You cant press charges that is a police matter.
You can try and report it as fraud to the police and they will deal with it
You would only be a witness.
That is incorrect.
If you have asked for the lease to be terminated early you have to pay it.
If you were looking to have new tenants take over the lease for you to move out then that is a different case.
But this is all to be decided by the tribunal after it has heard evidence from all parties.
It is not a simple question to answer. You have broken the lease and the tenancy is bein changed early. If they have not had a new lease signed with the others then they have not changed the lease and you can argue you should not be charged.
If you asked for the lease to be terminated early and for you to leave then you have broken it and cna be charged.
If they have not then entered a new lease with the other tenants and left it as it was, you can argue that the lease was not broken as the old lease remained in place and there was no lease signed.
All of this would be decided in the Tribunal.
You have to set out what your evidence is and show that the lease was not changed and you should not have to pay the break fee.
That is a substitution of tenant.
You requested that you end the lease. That is an early break. But because the lease remained in place I would suspect that it was not a legitimate break because the balance of the tenants stayed.
Do you have evidence if a new lease was entered?
Was the rent the same and did it continue from when you left?
You can argue that the tenancy has not been ended and the early break fee should not be paid. But in the end it is up to the Tribunal to decide.
Provide the copy of the new lease showing all other tenants are on there and if you have their consent to leave and be taken off provide evidence of that
The tenants said that?
They would not sign the new lease unless you paid?
Do not pay it and run the hearing
Keep all the documentation it assist you.
This is all rubbish and you are on the right track.
Good luck with it.
I cannot say it is illegal. But you need to lodge a complaint about the agent.
The Department will investigate them and deal with them.
If you believe that she has committed fraud report her to the police.
The Crimes Act would be the fraud charges to the police.
and the act that deals with them
PROPERTY, STOCK AND BUSINESS AGENTS ACT 2002
Report them to the department of Fair trading and collect the emails etc and report them to the police.
The report them to Fair Trading and they can prosecute them
They have to the power as well
Are you still in need of assistance?
I cannot tell you what to say to Fair trading. You have to stick to the facts of what happened.
You also ask them to make a finding in your favour.
It is not possible to tell you what to say in the Tribunal.
That would be negligent of me.
In matters where I represent clients I spend over 1 hour in conference and look at documents and communications and then we draft the application
I hope you understand this is not possible here.
Can I ask what Legal aid have told you?
I have told you that as well.
This is why you lodge a claim with the Tribunal
Here is the link form Fair Trading that sets out the option of having a break lease fee in the lease
It is legal but what you have described does not appear to be a break of the lease