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Thread: Need legal advice!

  1. #1
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    Arrow Need legal advice!

    Hi guys, I have a problem. Me and my gf are renting in a large share house. There's been no hot water for 2 weeks, and it was on and off weeks before then. The shared bathrooms are rarely cleaned and the majority of the filthy kitchen appliances work I.e the stove. Our contact says 'the licensee acknowledges that the license to occupy te room is not and does not constitute a tenancy as defined under the residetail tenancy act 1987 nsw'. Now we want to leave, he won't give us bond and he's goigto raise the rent by $20 for wert resident for the privalige of hot water.

    Surley it must be illegal to put this crap in a rental agrement! Does this mean we have no rights? Need urgent advice!

    Cheers
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    i'd consider talking to someone with more legal know-how then on a car forum

    but check with a lawyer- or even ur local member of parliament, surely they can point you in the right direction

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    agree, ask a lawyer, otherwise your gonna have pages of people telling u to beat him or rip a skid in the drive
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    Quote Originally Posted by System View Post
    i'd consider talking to someone with more legal know-how then on a car forum

    but check with a lawyer- or even ur local member of parliament, surely they can point you in the right direction
    Yeah, every time somebody comes to the forum asking for legal help, it ends with "talk to somebody who actually works in the area and knows the law".

    All these threads end up with are hearsay and opinions, not facts.

    What I will tell you is, in my opinion, it does sound like you're getting screwed, but since your not a tenant, I' not sure what kind of rights you are entitled to. It does sound like, in my opinion that he is not acting legally with the bond.

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    Quote Originally Posted by Toddlez View Post
    Our contact says 'the licensee acknowledges that the license to occupy te room is not and does not constitute a tenancy as defined under the residetail tenancy act 1987 nsw'. Now we want to leave, he won't give us bond and he's goigto raise the rent by $20 for wert resident for the privalige of hot water.
    Sounds to me like you dug yourself into a pretty deep hole there. "does not constitute a tenancy" So going by this statement you don't live in the house and as such do not have any legal right or standing. You may be able to get around this by going to a lawyer and claiming that you signed under duress, that being you either signed this contract or you were on the streets. Or did not have access to legal representation at the time of signing, and would have forfeited your chances at tenancy . Off to your local solicitor, chop chop!
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    In some circumstances mate, if its legal and you signed it you are stuck, however it does not seem lawful at all in your situation. i would be calling a lawyer for sure, having him look over the agreement you signed and go from there, if its not legal then looks like you've got something to back you up ... (by the way, i am in no way a lawyer, i study law, so i have at least a tiny amount of knowledge) but please, speak to a lawyer!
    good luck mate.
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    Quote Originally Posted by commodore1310 View Post
    Ok, once again ive run aground with a bunch of elitist PRATS who think they know it all, stuff your cars and stuff your forum!
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    Quote Originally Posted by Toddlez View Post
    Hi guys, I have a problem. Me and my gf are renting in a large share house. There's been no hot water for 2 weeks, and it was on and off weeks before then. The shared bathrooms are rarely cleaned and the majority of the filthy kitchen appliances work I.e the stove. Our contact says 'the licensee acknowledges that the license to occupy te room is not and does not constitute a tenancy as defined under the residetail tenancy act 1987 nsw'. Now we want to leave, he won't give us bond and he's goigto raise the rent by $20 for wert resident for the privalige of hot water.

    Surley it must be illegal to put this crap in a rental agrement! Does this mean we have no rights? Need urgent advice!

    Cheers
    Why is he refusing to give the bond back? Have you damaged something?
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    if you're not legally a tenant then perhaps there shouldn't have been a bond in the first place. what did the rental agreement say about the bond? should have been along the lines of if you haven't damaged anything then you're entitled to the bond back. sounds illegal anyway - get a lawyer asap.

    failing that, do a poo on his porch every day until he gives the money back.

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    Tenancies Bond Authority - 1300 137 164 (I'm assuming you're in VIC by your number plate in your profile :P)
    They might be ale to help you

    Failing that, break into his house, do a poo in his bed and pull the covers back up. I'm sure he'd love that suprise

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    I am not sure what state you are in, however most states have their own assistance centres to help deal with these issues. You can get assistance from the following:
    Tenants Advice Service (available all states)
    Citizens Advice Bureau (available all states)
    Youth Legal Services (available all states)
    Legal Aid (may not be suitable for this purpose but is available in all states)

    Some universities or law societies can also provide you with links to various free legal advice but try the above first.

    Hope this helps.

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    Don't bother with a Lawyer yet.

    Go to Tenants NSW and search for someone in your area. They will tell you your rights, and what steps you can take to resolve the issue. They helped me heaps when my Landlord refused to fix the 'small leak' in the roof - which flooded the house 4 times.

    All the best with it.

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    Bad news. You don't classify as a tennant.

    Tennant's are lease holder's. You are at best, a sub-tennant. Did you sign any sort of agreement to start with ? If not - your basically boned. I would stop paying rent and stay as long as you can stomach it, to use up your 'bond'.

    If you got a receipt for bond, you may be able to use that in small claims.

    Tenant's / Lease holders have lots of rights. I'm not sure where your's lie.

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