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I am renting a house which we moved into from interstate…

Customer Question
Hi Pearl. I am...

Hi Pearl. I am renting a house which we moved into from interstate having only looked at photos at very high rent as we did not have many options and the real estate agent we were dealing with said we were sting applicants and she would recommend us to the owner. Once we arrived and started living in the house and looking at the rest of the market we realised we were being ripped off. I asked the agent about renegotiating the rent and she practicality ripped my head off telling me how far she and the owner had gone out of their way to help me. As it is a small town and this particular agent has majority of properties I just apologised but am still upset about outrageous rent we are paying and don't even like to put in maintenance requests because of how aggressive she was.

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

No just sent her an email with the request which was when we got rude response and we have had as little as possible to do with her since. What paperwork/ steps should we be taking?

Lawyer's Assistant: Where is the house located?

Gerringong

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

No I don't think so. Is there anything else you think is relevant?

Submitted: 2 months ago.Category: Australia Law
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Answered in 6 hours by:
5/31/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,545
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

You may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into the local tribunal.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

The NCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.ncat.nsw.gov.au

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

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Customer reply replied 2 months ago
Hi John. What will we achieve with this approach? And how long will the process take as we intend to move out of the house as soon as the lease is up. Also are there any other options available?
Solicitor: John Melis, Lawyer replied 2 months ago

this way by raising a claim in NCAT will assist you in terminating the lease early as you were technically misled by the real estate agent.

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Customer reply replied 2 months ago
How long will the process take. As we are almost 6 months through a 6 month lease I am concerned that this approach may be more trouble than it is worth. Considering as I stated right at the beginning it is a small town with few estate agents, and this particular agent holds the majority of properties and if we take this route we will be branded as trouble makers and have difficulty getting properties further down the line.
Solicitor: John Melis, Lawyer replied 2 months ago

Understand your situation.

Would you like to consider the option of mediation. This can work very will with an independent mediator appointed.

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Customer reply replied 2 months ago
How do we request mediation? Does it cost anything? Who pays for it?
Solicitor: John Melis, Lawyer replied 2 months ago

Mediation is arrangement mutually between the parties, and the cost is shared on the same basis. There are some mediators that will not charge for services, but it is just a matter of locating these parties. The state mediators are generally the best to use in the dispute.

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