Advice with rental situation.

CaptainPlanet · 03-05-2009, 04:48 AM

Basically I moved into a house that was advertised a share house and we're all paying equal rent and bond.

One of the tenants got the lease, without making it clear from the beginning what the situation with the lease was going to be.

She has taken the largest room with a bathroom, en suite I think they call it, the spare room and the study. Filled the house with furniture so there is no room for anything of mine.

She moves my stuff. She moves around my food.

I asked her about the situation and she basically said 'its my house because I am on the lease I can do what I want'.

I'm moving out and looking for another place as we speak. But I want to know what options if any do I have. I am sure I'd be covered by some sort of co-habitation law or something.

Any advice ? She was not honest about the situation. It was advertised in the share house section and no mention was made before this of it being 'her house'. Any advice ?

CaptainPlanet · 03-05-2009, 04:56 AM

The other thing she had done is put one of her beds in my room, and my mattress does not fit on it and she won't take it out of my room. So I've got a bed twice the size of the mattress I am sleeping on...

top bloke · 03-05-2009, 04:56 AM

Youd thing that if it is not a term in the contract of tennancy then you dont have a leg to stand on.It should be in writing and specified.If it is then you do have grounds for legal action but as you know the legal system works well when you can afford it..Good luck man

CaptainPlanet · 03-05-2009, 04:59 AM

Quote:

Originally Posted by top bloke

Youd thing that if it is not a term in the contract of tennancy then you dont have a leg to stand on.It should be in writing and specified.If it is then you do have grounds for legal action but as you know the legal system works well when you can afford it..Good luck man

Well she specified bond in a text message.

Thats the thing. If it is not in writing I could get away with not paying rent b.c there is no agreement to start with..Otherwise there has to be one somewhere which would HAVE to give me some sort of legal rights.

top bloke · 03-05-2009, 05:02 AM

The elements of a binding contract to be satisfied are offer ..acceptance and consideration or money paid for the service. Have you signed acceptance in writing? Is there a written contract?SIGNED?

CaptainPlanet · 03-05-2009, 05:03 AM

Quote:

Originally Posted by top bloke

The elements of a binding contract to be satisfied are offer ..acceptance and consideration or money paid for the service. Have you signed acceptance in writing? Is there a written contract?SIGNED?

There is a text message saying I would pay the bond and two weeks rent.

top bloke · 03-05-2009, 05:10 AM

I dont think that there is enough infomatioion in that as to the terms of the contract in any case. I doubt there is really enough there ro constitute a binding contract.I did law school here for a term but I quit a few years back due to family commitment..Give free legal aid a try tommorow too is a good idea or fair trading

CaptainPlanet · 03-05-2009, 05:29 AM

Well I've already given her $320 bond which I am likely to never see again by the sounds of things... transferred using the internet under title of 'bond'. If I try to get it back by not paying rent she can just kick me out apparently. I'm interstate too just great.. can't relax here at all.

top bloke · 03-05-2009, 05:34 AM

If youve paid bond she has got you by the short and curlies. It is obvious then that you do have a contract as such.The details of the sharing is the problem.It should have been stated in writing so that you knew exactly where your space was before entering the place and placing the bond.Without this level of info your caught..

Hana-Belle · 03-05-2009, 05:40 AM

Perhaps we may go off-line and I can help. With the greatest respect to those assisting you, I fear that the legal advice you are receiving here may not be properly adapted to your specific situation.

03-05-2009, 04:48 AM	#1
CaptainPlanet Offline Platinum Member Join Date: Oct 2006 Location: Australia Gender: Male Age: 26 Posts: 4,259	Advice with rental situation. Basically I moved into a house that was advertised a share house and we're all paying equal rent and bond. One of the tenants got the lease, without making it clear from the beginning what the situation with the lease was going to be. She has taken the largest room with a bathroom, en suite I think they call it, the spare room and the study. Filled the house with furniture so there is no room for anything of mine. She moves my stuff. She moves around my food. I asked her about the situation and she basically said 'its my house because I am on the lease I can do what I want'. I'm moving out and looking for another place as we speak. But I want to know what options if any do I have. I am sure I'd be covered by some sort of co-habitation law or something. Any advice ? She was not honest about the situation. It was advertised in the share house section and no mention was made before this of it being 'her house'. Any advice ?

03-05-2009, 04:56 AM	#3
top bloke Offline Platinum Member Join Date: Dec 2008 Location: Australia Gender: Male Age: 41 Posts: 2,057	Youd thing that if it is not a term in the contract of tennancy then you dont have a leg to stand on.It should be in writing and specified.If it is then you do have grounds for legal action but as you know the legal system works well when you can afford it..Good luck man __________________ You have choices!

03-05-2009, 05:02 AM	#5
top bloke Offline Platinum Member Join Date: Dec 2008 Location: Australia Gender: Male Age: 41 Posts: 2,057	The elements of a binding contract to be satisfied are offer ..acceptance and consideration or money paid for the service. Have you signed acceptance in writing? Is there a written contract?SIGNED? __________________ You have choices!

03-05-2009, 05:10 AM	#7
top bloke Offline Platinum Member Join Date: Dec 2008 Location: Australia Gender: Male Age: 41 Posts: 2,057	I dont think that there is enough infomatioion in that as to the terms of the contract in any case. I doubt there is really enough there ro constitute a binding contract.I did law school here for a term but I quit a few years back due to family commitment..Give free legal aid a try tommorow too is a good idea or fair trading __________________ You have choices!

03-05-2009, 05:34 AM	#9
top bloke Offline Platinum Member Join Date: Dec 2008 Location: Australia Gender: Male Age: 41 Posts: 2,057	If youve paid bond she has got you by the short and curlies. It is obvious then that you do have a contract as such.The details of the sharing is the problem.It should have been stated in writing so that you knew exactly where your space was before entering the place and placing the bond.Without this level of info your caught.. __________________ You have choices!

03-05-2009, 05:29 AM	#8
CaptainPlanet Offline Platinum Member Join Date: Oct 2006 Location: Australia Gender: Male Age: 26 Posts: 4,259	Well I've already given her $320 bond which I am likely to never see again by the sounds of things... transferred using the internet under title of 'bond'. If I try to get it back by not paying rent she can just kick me out apparently. I'm interstate too just great.. can't relax here at all.

03-05-2009, 05:40 AM	#10
Hana-Belle Offline Member Join Date: Feb 2009 Location: PERTH Gender: Female Age: 40 Posts: 4	Perhaps we may go off-line and I can help. With the greatest respect to those assisting you, I fear that the legal advice you are receiving here may not be properly adapted to your specific situation.