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On 14.03.18 my son and I rented a house in Hamlin Terrace…

Customer Question
Hi...On 14.03.18 my son...

Hi...On 14.03.18 my son and I rented a house in Hamlin Terrace NSW. The real estate report was immaculate with no problems and no damage.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

First the double garage doors were broken, security doors have no keys to lock,and the front main door has a pass code to enter ...the same code as the last tennants, and the real estate is wondering why are we making such a fuss but we have no security. Oven and microwave dont work, nor did the cook top, the washing machine taps were broken so we couldnt wash...we have been in the house for nearly two weeks and only have the cooktop and microwave repaired. We also have cockroaches in the kitchen and bathrooms. I need some advise on these main issues pls

Lawyer's Assistant: Have you talked to a New South Wales lawyer about this?

NO

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/26/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,710
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon

Did you do the initial inspection with the agents, or did you rely on something they provided you with?

Did you sign the inspection that was immaculate?

Do you have evidence of requests to get the repairs done?

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Customer reply replied 3 months ago
No we did not do the initial inspection with the agent, they dont work like that. The real estate said we will have to wait till the owner comes back from holiday. they did get in an electrition to look at the oven and he has put in a quote, same about garage doors
Solicitor: Leon, Solicitor replied 3 months ago

Good Afternoon,

in New South Wales before you sign a lease you must also do a pre-possession inspection.

You go through each room with the agent and Mark any issues with the property and then this is relied on when you leave the premises.

The agent is the representative of the landlord and as such has the right to make the repairs.

You have been misled with the description of the property and you have a right to seek compensation in the form of reduced rent or in the alternative the lease to be terminated and you to be refunded your money.

I would send one final letter to the agent selling out the problems with the property and requesting that they get repaid within 14 days. You would also set out that you were misled and that the place was not as advertised and describe to you and have you been advised correctly you would not have rented the premises.

If they do not respond and get the work done within 14 days I would then be commencing proceedings with NCAT for a reduction in rent until the work is done or in the alternative the least be terminated and that you be compensated for having to move again and for all your costs and fall rent paid to be refunded.

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

Make sure everything is in writing and you keep copies of everything you send to the agent.

They are the representative of the landlord and they should be able to do the necessary repairs to bring the premises to the state that they advertised it was in.

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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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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