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Have rented a home for 7yrs. Initially it was a 6 month

Have rented a home...

Have rented a home for 7yrs. Initially it was a 6 month lease however have never signed a renewal in that time. I have covered any maintenance such as plumbing that needed fixing. During the time of my lease I was ill (breakdown) and my rent was behind. I continued to lease premises paying more rent for the last 12 months to catch up. The landlord has not commented on this however I have now submitted my tenancy termination giving 1 month and have requested terms and agreement to pay back any outstanding rent. Is this possible to do.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Has anything been filed or reported?

No I just spoke to my landlord and said I would like to make terms and agreement. He said he could claim on his insurance however they will then start proceedings.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just that the home was under disrepair and that was understood when I rented initially with the understanding that he was going to come and go and finish repairs - of which I agreed he could do however it never eventuated.

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Answered in 5 minutes by:
11/28/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Good Morning

Under the statute of limitations they can claim back rent up to 6 years.

Here is the link for all the limitation periods.

http://www.qpilch.org.au/cms/download.asp?ID=65145.

How much do you owe?

Over that time do you know what the costs of the repairs you have done have been? Did the landlord know you were doing them?

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Customer reply replied 7 months ago
I owe approx. $5000.00 Plumbing would have been around $300.00 + (rent is $1500.00 per month) I have advised him recently however not at the present time of getting them fixed.

Good Afternoon

Do you have evidence such as receipts on what you have paid for the repairs?

I do not understand your last sentence.

Do you mean you had not advised him earlier about the repairs that you did?

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Customer reply replied 7 months ago
Just spoke to him yesterday in response to my letter of the 9/10/17 advising him that I cannot see I could continue living in the home.
a) I have fixed plumbing when needed
b) O/S rent I am willing to pay off to him on terms and agreement - continuing
c) I was paying him an extra $100.00 a month rent over the last 12 months towards O/S rent (totalling $1200 to date)
d) I endeavoured to obtain money from Superannuation which is not much - however they were not willing to release
any funds
e) the home is in disrepair - windows hang from hinges and cannot be secured there his no back door that you can lock safely its just a screen door. He won't let me hang curtains. And any repairs to the premises he has not a come to do as initially he said he would when I took on the premises.

You need to send him a detailed letter of the disrepair and also set out how often you have bought this to his attention.

If the house is not habitable you may be able to get the court to give you a rent reduction.

You take photos of the premises to show the issues.

You can take the matter to QCAT yourself and lodge the claim before he does.

You have to let QCAT know how often you have asked him to come and that he refuses. I assume all of the times were by phone or talking to him so you have to try and remember dates.

If QCAt agrees with you they will reduce the rent and give you money back.

Her is a link for you. Read it and the click on the apply to QCAT and stage 3 and get your application in.

Make it as detailed as you can and put in as much evidence as you can.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thank you

Good Afternoon

You are very welcome and good luck

Regards

Leon

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