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Realestate stopping me renting aother house in yass. New…

Realestate stopping me renting...

Realestate stopping me renting aother house in yass

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

New sourh wales

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

No

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

Yes they want me to find a pluber or handy man to fix shower in bathroom

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Answered in 5 minutes by:
3/11/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question

Good Morning

Are you wanting to move from the current house you rent and they have blacklisted you?

The issue with the bathroom was it caused by you?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
i want to move and no the house is sinking i got realestate to take pic

Good Morning

Can I assume you are under a fixed term lease that has not expired?

Can you confirm whether the complaint to the agent about the sinking of the house has been put in writing?

This is not your problem but the landlords and they cannot request you do anything. It is their responsibility to take action and if they do not and the house is not able to be lived in then you have a right to terminate the lease.

You have to notify them in writing and request that they undertake the repairs urgently.

Only if the issue makes the house uninhabitable can you terminate.

If they refuse to do anything you can then take the matter to NCAT to terminate the lease and seek costs for their failure.

Section 52 of the Residential Tenancy act provides that a landlord has an obligation to provide the residential premises in a reasonable state of cleanliness and fit habitation by the tenant.

Here is the link this comes from and you have a right to seek an order

http://www.ncat.nsw.gov.au/Pages/cc/Divisions/Tenancy/tenancy_case_studies.aspx

If the issue makes the house uninhabitable or if there is a safety issue they have to act and repair urgently or you can seek to terminate the lease for their failure.

You will have to take photos for your own records and make sure they are stamped by the camera with the date.

Make sure all requests are in writing and not by phone so you have a record of what is being done.

If they call you to talk you then have to make detailed notes on what was said and who you spoke ot and it is best to reconfirm the discussion in writing.

You have to back up what you are saying.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

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. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
I only had a 3 month lease been here almost 3 years and have not signed a new lease

Good Morning

You are on a month by month lease and they cannot stop you terminating the lease.

You can terminate by giving them 21 days notice

They cannot force you to stay.

Give the notice in writing and then the 21 days starts to run.

You are best to find somewhere to live first so you have a place to go but the law says you can give 21 days notice and leave.

They cannot stop you.

Here is what the law says and the link follows

After the fixed term

If you want to end your tenancy after the fixed term has ended (and you have not signed another agreement), you will need to give at least 21 days' notice. This notice can be given at any time and does not have to line up with the rent payment cycle. You must pay the rent up to and including the day your notice ends and you vacate.

http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Renting_a_home/Ending_a_tenancy.page

Your fixed term lease ended after the three months.

I hope this has assisted you with your question today

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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