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Issues w/ Landlord Unsure Of What Todo. Help.

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  • Issues w/ Landlord Unsure Of What Todo. Help.

    Hi Everyone,

    I am living in Canberra, Australia - I have tried several other forums to help and all arent very helpful.
    I just need advise on what to do as my bf and i want to move out asap.

    Right now and it has been for a long time since I have been experiencing issues with my private landlord who is financially benefiting from tenants that i currently live with but is breeching the tenancy agreement by doing the following:

    1) Showing up unannounced or without giving notice or less then the required notice given when entering the premises.
    2) Enters the premises with their own set of keys
    3) Failed to lodge bond within 2 weeks (He only lodged the bond after another tenant had told him that by law he had to, but by then it was already over a year that we had waited).
    4) (Early last year solar panels were installed) BUT Instead of landlord charging the tenants what the power company sends (ActewAGL) e.g. the difference that the solar panels credited. LL takes the difference and puts it back ONTOP of the actual power bill sent.
    5) Had been charging tenants water connection fee ontop of consumption - we spoke to him about this and ask him to recalculate the bills - he said he was very insulted that we had asked him to be fair.
    6) Current tenancy agreement does not make any sense, went and saw a legal aid solicitor who said that 5-6 terms and conditions were valid the rest were void unless endorsed by the ACT tribunal. SO i am not sure if i am on a tenancy agreement or on an occupany since i am only renting my room and we have share house areas.


    Basically my bf and i really want to get out of our agreement. Right now we are currently facing financial hardship but hopefully in the next 3-4 weeks with my new job we can save money up to move out.

    Can anybody please tell me the steps to take action on what to do as we dont want to provoke out LL into doing anything rash.

    He has already threatened to evict us which i know he cant just throw us out without a notice of remedy.

    Please any advice would be much appreciated.

    Thank you for reading

  • #2
    Re: Issues w/ Landlord Unsure Of What Todo. Help.

    I wish to inform you that your lease agreement will govern your rights. In this regard if your lease is a fixed term lease then you can terminate your lease if your landlord had violated any terms of lease material to agreement on the ground that landlord is violating its condition. As regards electricity and water bill you can refuse to pay any amount above what has been due from you. Further over payment done in past can be demanded by you and if landlord refuses then you can file a lawsuit.

    AFF

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    • #3
      Re: Issues w/ Landlord Unsure Of What Todo. Help.

      Originally posted by AFFA View Post
      I wish to inform you that your lease agreement will govern your rights. In this regard if your lease is a fixed term lease then you can terminate your lease if your landlord had violated any terms of lease material to agreement on the ground that landlord is violating its condition. As regards electricity and water bill you can refuse to pay any amount above what has been due from you. Further over payment done in past can be demanded by you and if landlord refuses then you can file a lawsuit.

      AFF
      I know that my tenancy agreement is still legally binding.

      If i did give notice to terminate my lease early i would still have togive a notice of remedy? or could i negotiate with my landlord so that he knows that i can take him to the ACT tribunal and they'll see how dodgy he is. As i dont believe he would want the hassles.

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