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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Is there a cooling off period after signing a tenancy

Customer Question

Hi. Is there a cooling off period after signing a tenancy agreement ?
JA: Thanks. Can you give me any more details about your issue?
Customer: I signed a tenancy contract and I terminated within 24 hours as there was a serious issue with noisy windows in the wing in an apartment on the 7th floor. Now the estate agency is asking to pay the bond because I have signed the contract
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning

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.

Unfortunately no there is no cooling off period.

what state are you in?

Customer: replied 10 months ago.
I am in SA. I signed the lease for 12 months and I requested a second viewing after signing. In my second viewing of the apartment which was a windy day the windows were rattling excessively and making a loud noise which the tenants confirmed that the noise could be a problem. I have not moved in yet and currently the apartment has tenants until next week. When I discussed it with the agent she said that I should use cardboard on the windows to stop it rattling!
It was obvious to me that this is a problem and the agent knew about and purposefully withheld this information from me so I decided not to go ahead with the lease less than 24 hours of signing. Now the agent is threatening to take legal action.
Expert:  Leon replied 10 months ago.

Good Evening

Did you do any inspection that you signed before you signed?

Their answer is rediculous.

Did you ask the agent if there are any issues you should know about?

Customer: replied 10 months ago.
I did ask her and she said there were no issues
Customer: replied 10 months ago.
I had one inspection prior to signing the agreement
Expert:  Leon replied 10 months ago.

Good Evening

I assume this is not in writing.

You have an agreement and you have to honour it and you cannot terminate easily

But the issue with the windows is one you can complain about and have fixed or have your rent reduced.

You should start making a detailed chronology of what has been said by whom and when

Once you move in record the noise. Send the complaint in writing to the agent and keep a copy. If they fail to repair take them to SACAT

Here is some information about tenancies in SA

http://www.lawhandbook.sa.gov.au/ch23s01s06s03.php

But you have to move in and you be the one that takes them to court.

Customer: replied 10 months ago.
I have decided not to go ahead with the rent and I will not be moving in. I have not transferred any money into their account yet.
Expert:  Leon replied 10 months ago.

Good Evening

Be prepared that they will sue you for a breach of the lease.

You cannot avoid this.

Send a letter to the agent and set out the issues and advise that you were mislead when asked about issues.

Put yourself in a stronger position

All the best and good luck

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