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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42664
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was living with a friend of fine earlier this year, then

Customer Question

I was living with a friend of fine earlier this year , then moved out due to personal reasons , now she has served me with a minor case claim due to rent i owe her ,which i intended to pay but she has gone about this the wrong way ,
I never signed a lease to the apartment or did the owners know i lived there , Do I legally owe what shes asking ? or is there a case where i only pay a sum of that as i didn't sign a lease , nor did i even have keys to the apartment until months after i moved in ?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Afternoon

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.

What was the arrangement that you had? I assume it was verbal? Is there anything in writing?

Customer: replied 11 months ago.
that i would pay $666 a month , 3 parties where involved . nothing was ever said about bills and utilities , which she is asking for about $300 .
I had all the intention on paying her , as we started speaking a few months ago . she has in a text msg apparently that i would pay her , no time limit on when I would ,
she had asked me a couple of times if i could but i wasnt in a position to . Then she messaged me the other week asking if i could as she had an ambulance bill to pay .I dont have any text msgs from her as my phone is brand new
Expert:  Leon replied 11 months ago.

Good Afternoon

Were the text messaged about you paying the utilities while you were still there? Did you respond agreeing to pay them?

Customer: replied 11 months ago.
no talk or texts at all about utilities , and no i didnt
Expert:  Leon replied 11 months ago.

Good Afternoon

Well she has to show that there was an agreement you pay. If there is nothing in writing then it is your word against hers and the court will have to decide who it believes.

If she chooses to sue then the court will be asking for evidence.

Customer: replied 11 months ago.
ok , so I believe she may have texts saying that when we decided i would move in and pay , no time on how long i was to stay or anything , I legally owe for the time i stayed ?the fact i didnt have keys , or signed anything , and we shared a room for a few months as both the other parties stuff was in my supposed room does not matter ?
When i received keys , it was through a friend who was in real estate and had houses in the building and could get me a set of keys , and i can get proof of that .
Expert:  Leon replied 11 months ago.

Good Afternoon

The keys are not the issue

The agreement of what you would pay to live there is the key.

Expert:  Leon replied 11 months ago.

In that case the debt is wiped and the Caveat should be withdrawn

File a W1 under section 138b of the Transfer of Lands Act

You can get the form here

https://www0.landgate.wa.gov.au/docvault.nsf/web/FREEHOLD_LRFORMS/$file/FOR_DLI_W1.pdf

The next link is information about the section.

http://www.ahernslawyers.com.au/latest-news/removal-of-caveats-under-section-138b-transfer-of-land-act/

If QBE challenge the withdrawal you will have to defend the application and set out what happened with the bankruptcy.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 11 months ago.

Good Morning

I am just following up my last post. If you need any further assistance, please do not hesitate to contact me.

Have a great new year

Regards

Leon

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