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fingrinn

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#233416 15-Apr-2018 14:34
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Hi All,


Sorry for the long post but a bit of background first.


I was hoping someone might be able to clarify tenants rights.


The property we are renting was sold 18 months ago " As is,where is" and is EQ damaged and we have been here for 4 years.


At the last property inspection we were issued a 14 day notice to sort what both parties agreed were minor issues with the exception of 1


A pre existing hole in the wall that was present when we first moved in. The LL is insisting we fix it which we have refused, they did not document it on previous inspections as it was hidden and we forgot about it. We attempted to get previous reports from the last owners and were refused. The current owners did not do a property inspection until 3 months after purchase and we have consistently pointed out pre existing damage.


During the inspection we asked for trees to be trimmed, guttering cleared out and the heat pump serviced which they refused.


We sent them an e mail requesting they were done and 12 hours later were issued with a 90 day eviction notice for the stated reasons


"The relationship is breaking down"


"The property was unclean"


"We had too many pets" (2 dogs 1 cat) as allowed in the tenancy agreement.


We have since discovered they falsified the Insulation statement on the tenancy agreement by stating the property had concrete floors which they clearly know the 2 downstairs bedrooms are wooden (They previously removed boards to check for a leaking pipe)


They also said we had to replace the batteries in the smoke alarms which they replaced after the new regulations. The alarms are not legal under the legislation.


Advice?


 


 


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Dynamic
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  #1996474 15-Apr-2018 14:52
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Welcome to GZ.

 

Ultimately the relationship is turning to custard, so you are better off moving IMHO.  You absolutely can fight this of their documentation is not up to scratch and some obviously false statements have been made and other dodgy stuff going on.  Call the Tenancy Tribunal for advice.

 

Ultimately, unless there is a strong reason for you to want to stay, I suggest emailing the landlord back and ask them to:

 

- extend the notice period to 6 months or 9 months to basically give to you lots of time to move out before Christmas
- Shorten the notice period from 3 weeks to 2 weeks so you can move faster is something good comes up
- complete the requested maintenance within 6 weeks

 

and advise them that as long as the above is agreed to in writing (email should be sufficient), you will not make a formal complaint to the Tenancy Tribunal.

 

If they refuse:

 

Lodge a request with the TT to:

 

- set aside the 90 day notice (or extend it to 6 months or 9 months to give you lots of time)
- have the requested maintenance done
- have the smoke alarms replaced with the required standard
- have the landlord prove via photos that the hole was not preexisting before your tenancy
- have the landlord prove the insulation statements are correct

 

It's disappointing and surprising the previous property owner would not assist you.  I am taking you at your word that you've done nothing to antagonise the situation.  Note that if your rent is behind, all bets are off.

 

Source:  I'm a landlord of 10 years, who has had some awesome and some pretty crappy tenants.

 

Cheers
Mike





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raytaylor
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  #1996478 15-Apr-2018 15:05
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Photos. 

 

Inside and out. Before you hire or rent anything. 

 

In the case of a house, photos of everything, every corner, ledge, wall, cupboard inside and out. Take a hundered+ as spending 20 minutes doing that before moving in can mean getting your bond back when you move out. 





Ray Taylor

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