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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44904
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
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Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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 1 year 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 1 year 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 1 year ago.
I did ask her and she said there were no issues
Customer: replied 1 year ago.
I had one inspection prior to signing the agreement
Expert:  Leon replied 1 year 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

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

Customer: replied 1 year 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 1 year 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

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

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