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Topic
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I have been living in the same one bedroom unit for the past 4 years in Chatswood, NSW. I pay my rent up to 8 days early and always a month in advance.
I’ve had 2 rent increases after my 1 year lease expired for $10 each where I received notices and paid the new amount on time. To send me a notice of any sort, the agent has rang, emailed, mailed and sometimes all three.
Then mid July I noticed my mail box was broken in to. I rang the agent to get the locks replaced. He even said for me to replace it myself instead of waiting around for strata to organise it.
Then a week later on 25th July, I got a letter saying my rent for July was underpaid by about $300. I emailed him the same day saying there must be some mistake. He replied saying ‘as notified’ your rent has gone up, from $430 to $500. I then asked the agent to talk to the owner as the amount is excessive.
I waited patiently for 12 days as the agent claimed the owner was overseas. He replied on 6th August saying the increase sticks, pay up. I did not respond as I was on leave, however I had an auto vacation email set up.
On 7th August, he called me twice leaving a message to call him at 4PM and 5PM. Then on 8th August (today) at 10:30AM, he knocked on my door. I was home alone, not aware who it was at the time and was frightened. I then heard fumbling with a bunch of keys, then a key going in to a lock, not opening and then trying another key. This went on for about 5 minutes. I’m not sure why he couldn’t get in, but I’m guessing he brought the wrong set or they were a bit old and needed some jiggling.
I got advice, lodged an online complaint, and called the police. I emailed the agent, several things were discussed but he avoided the question of what was he doing trying to enter my home without notice or permission.
The police will not act as it is a civil matter and they were told half truths taking the agent side.
I have since emailed a notice to vacate. He has replied with a letter of acceptance, but there is one more issue. In the letter he stated that he will be showing prospective tenants during the last 2 weeks of my notice.
I am certainly not comfortable with this especially after him trying to enter today. I’m feeling slightly violated, a little shaken up and afraid to leave in case he tries to enter again but also scared of what will happen if I am home. Not knowing of him walking around my unit is just as bad as him entering while I’m home like he tried to do today. I won’t be able to move out any sooner either.
Any advice on this would be appreciated.
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1. Rent Increase
You must be given 60 days written notice of a rent increase. The notice must state from when the increase applies, and the increased rent. (note it can’t be retrospective.
If you don’t get written notice, or the notice isn’t given in writing, you don’t have to pay the increased rent and should continue to pay your current rent.
If the landlord wants to increase rent they have to serve you with a proper written notice. If they did not serve you with proper notice in relation to the last rent increase, then it doesn’t apply, and you should not have paid the increased rent. If you did pay the extra money, then they owe you that additional money you paid. I suggest you contact them with the calculations and advise them of any adjustments due to you on vacation of the property. If they muck you around, contact Fair Trading. (do not deduct it from any rent due)
https://www.tenants.org.au/factsheet-04-rent-increases
2. Access to the property
Re them trying to get in while you were there, I would have just opened the door and challenged them. Attempting to access your rental property with no notice is trespass (in the absence of an emergency).
https://www.tenants.org.au/factsheet-08-access-and-privacy
The agent can show the property to prospective tenants in the 14 days prior to you leaving, a reasonable number of times, provided they give you reasonable notice. So they can’t just turn up and expect to have access. What constitutes reasonable can vary, but in terms of notice I would say at least 24 hours. I would contact the agent (in writing) and say:
I note that you may intend to show the property to prospective tenants during the last 14 days of my tenancy. As you know, reasonable notice of entry must be given, therefore I expect you to provide me with at least 24 hours notice of any intended access to the property in order to show it to prospective tenants. I also note that any access by you without notice and/or outside of a valid purpose is not permitted. Thank you for your co-operation.
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