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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42342
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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After signing the lease for an apartment, I had to discover

Customer Question

After signing the lease for an apartment, I had to discover that the apartment had not been professionally cleaned as the real estate agent promised. The apartment in general is dusty, floors dirty, kitchen greasy etc. It would not be pleasant to move in. I did not move in and let the real estate agent know. He will have the apartment professionally cleaned again but refuses to refund the rent until i can move in. What can i do?
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 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 but a guide to assist you.

What state of australia are you in?

Have you been looking fora alternative accomodation?

Customer: replied 2 months ago.
Hi LeonI am in NSW. As I was unable to move in I had to extend my stay at the hotel where I'm staying temporarily.
Expert:  Leon replied 2 months ago.

Good Afternoon

Do not deal with him over the phone it is your word against his.

You keep everything in writing.

You give him a set period, 1 week is enough to arrange to clean the property for you to move in.

You set out in the letter that you hold him responsible for additional costs and will be taking this to NCAT and seek compensation for your losses.

At the same time you are looking for alternative accomodation and if the premises is not ready in 7 days you will be expecting a lease fro new premises and seeking your money back and if they do not refund it you will sue then and seek costs and interest.

This is the best I can offer you.

Your photos do not have a dat stamp on them. You will have to be able to prove when they were taken so that the agent cannot allege they were before they advised you you could move in.

Also you should have had a pre tenancy inspection with the agent room by room. It is required by law.

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.



Customer: replied 2 months ago.
The lease started Friday 12/8. The real estate agent organised a cleaning for Monday 15/8. I sent him the photos via Email and he admitted that the cleaner had missed some spots. For what cost exactly can I make the real estate agent liable?
Expert:  Leon replied 2 months ago.

If it is reasonable and you cannot move in because of the state of the place you can ask he pay any costs you are incurring.

Also advise that until you physically move in you are not liable fro the rent and will not move in until the cleaning is finished. But you have to move in the matter with the tribunal ASAP so email him first thing tomorrow.

Any delay may go against you.

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