Merry christmas - now F#*& off

So we received a nice letter on Christmas eve last year.  Our estate agent (Falls  I'd avoid them like the plague if you're renting in Hobart), decided that it was the perfect moment to enforce the end of our contract by serving us a notice to vacate on behalf of the landlord.

Was the rent paid?


Yes weeks in advance of the requirement, promptly, we missed an email about a water bill once, but rectified that as soon as we had the reminder?

Did we damage the house?


Nope - House is cleaner than we received it, we have had no complaints from any inspection, except the time our 2-year-old spilled a drink on the carpet the way out the door on the day of an inspection.


So why?


We asked for an extension of 3 months.  We were looking at moving to the mainland. Ironically through frustration at trying to make progress in Tasmania. The agent took a week and a half to come back to us with the landlords decision, by which time we had a job.  We then changed the term of the extension before signing to allow the landlord to get someone in with more time.  we communicated our decision with plenty of time.  If the landlord had been quicker we would have signed - that would have been fine, as it stands we asked for an extension to Feb 5th.  this was 3 weeks after our contract finished, should have been fine right?

Then the landlord decided that we had been dicking about and asked us to leave on the original date.  We asked for reconsideration, and we have a notice to vacate stating that the landlord intended to sell the property.

Is that legal?

Thats up to a court to decide of course, if we want to take it that far, but the landlord can issue a notice if they have sold the house, or at the end of a lease.  Their stated reason is that they intend to sell the house.  However the property is offered for rent, not sale, and is definitely not sold as is the requirement for issuing a notice to vacate. 

Their website shows this image currently.  Its a stunning view of the kitchen without the dodgiest lino floor I've ever seen.
Our house as advertised for lease

So it dosen't look like the owner intends to sell really, It's not sold.  The Tasmanian Tenants Union offer this advice

Am I really bothered?

Yes - it was Christmas eve!  A time for family, and letting go of life for a bit, peace, good will and the rest of it all.  Even Ebeneezer started off by offering small concessions at christmas.

In the end, it's really just the agent being lazy, and not advising the Landlord well.  The notice to vacate finishes on the day before we applied to extend to anyway. To actually get us out legally they need to take us to court and prove their notice was genuine.  

In the spirit of their approach, I am getting a small revenge - they are only able to bring one person a day around - that must hurt their ability to get the viewings over and done with.  In the end - its just small people being small. I must remember to distance myself from that more.

Comments

Popular Posts