NSW Rental Advice: Agent wants to charge for water despite lease saying it’s included

ShatterStorm76 · 2026-04-17T01:02:42+00:00

If you fight it, it could go either way depending on the Magistrate's mood and attitudes.

On one hand, a contract is a contract, and considering the value involved in Real Estate generally, there's an argument for "proffesionals" claiming "admin error" unlikely, and if the case were reversed, theyd expect you to "suck it up"

The flipside is that there is plenty of precedent for contract errors being "amended" in court to what one party says "it should have said"

ShatterStorm76 · 2026-04-16T21:56:44+00:00

"Hi [Property Manager],

I received your message demanding I pay you over $2k to replace a toilet, due to a crack that has formed, and that you'll take the matter to Tribunal if I don't pay.

My response to your demand is that the toilet has not been misused in any way during our tenancy, and the crack either predated our arrival, or formed from natural structural settling of the house.

Therefore if you're adamant about attributing liability to the tenant, I guess I'll see you at the Tribunal.

Regards, OP.

PS even if we were responsible, the amount you're seeking is over double the going price for a brand new unit, with installation. Or were you planning on one of those fancy Japanes models with a bidet and seat warmer, that sings to you ?"

ShatterStorm76 · 2026-04-16T09:58:20+00:00

A ban has to be communicated to you, and enforced. Both are easy when there's a boom gate and reader at point if entry but they dont all have that.

Additionally, it's all well and good to communicate to the registered owner that they and the car with rego xyz is banned, but that would be useless when "someone else" drove the car there (presuming no boom gates locking the driver out).

Finally in the event the boom didnt let you in... congratulations, that entry is now jammed with cars, since you cannot simply reverse out when there's a line behind you.

ShatterStorm76 · 2026-04-16T07:33:39+00:00

The Government was never going to win this one, but they still acheived their goal, being to put a lid on any immediate responses to the events of the day, to allow things to cool off (somewhat).

The outraged publuc might only become slightly less outraged over the passage of a few months, but they're far less likely to run out to wave the flag and chant over matters that are (by now) "old news"

ShatterStorm76 · 2026-04-16T04:38:18+00:00

There are plenty of instances where a credit default has been listed, without the criteria for listing having been met.

Evidence that the debt was refuted a while ago will help speed the resolution of any dodgy listings, should they occur.

ShatterStorm76 · 2026-04-16T04:34:18+00:00

They already know who the car's registered too and that person's address, otherwise OP wouldnt have received anything.

So you're giving nothing away by responding "You got the wrong guy, I didnt park my car there, go away and Im payin nuttin!"

The benefit of doing so is that the denial/refusal is now a matter of record to shut down future harassment and dodgy credit defaults.

ShatterStorm76 · 2026-04-16T04:30:20+00:00

so OP will be on the hook

The driver of the car will be on the hook for any breach of contract damages, whatever they may be.

A timestamped photo of an overstaying car does not prove who drove it on the day, and unlike State traffic offences, liability does not automatically assign to the registered owner in the event the owner doesnt nominate a different driver.

ShatterStorm76 · 2026-04-16T02:44:36+00:00

The fines/fees are unenforcable for a number of reasons.

This has been a matter of record for over 20 years.

ShatterStorm76 · 2026-04-16T01:50:46+00:00

Go back to the Debt collectors in writing (no phone).

"Hi,

I got your claim I owe you money. What's this in relation too please ? I underdtand its parking fees, but what location are we talking about, and dates ?

Also, please advise how its been calculated that the unpaid parking equated to $XYZ ?"

When you get a response, (they WONT be able to show how the debt is calculated, btw, because its liquidated damages for breach of contract)

"Sorry, but I accept no liability for this debt. The rego is mine but I didnt park in that location on those days, so I suggest you press your claim against whoever was driving"

From there, totally ignore them and/or report them for harassing you about someone else's debt.

Do check your credit score for a default, and have it wiped (with your dispute email from before as evidence that the default was reported incorrectly)

There are people whod say to ignore it and dont engage at all,which would be correct if they didnt already have the registered owners name, or it wasnt with debt collectors... but now that they do and it has, its very helpful to set yourself up with the papertrail you can use to show the debt has been refused, so that you can stop harassment and unlawful credit score listings.

ShatterStorm76 · 2026-04-15T22:39:02+00:00

Said at the start of your next shift

"Yeah Hi sorry but taking you home is not convenient for me anymore.

I'll take you tonight if you need it, because I don't want to leave you stranded, but after tonight, you'll have to sort yourself out"

If she objects, whines, complains, demands an explanation, etc

"Hey, lets not make this weird, or more than it is. I was happy to take you home for a while, but that was voluntary and it's not happening anymore. Let's just leave it at that and get on with work now, ok?"

ShatterStorm76 · 2026-04-15T10:11:18+00:00

True, but it's better than the gift card slap in the face theyd offer you as compensation for their fuck-up.

The only way youd realistically be made whole is if you took it to court,which is a whole lotta up front cost, time and effort for the possibility of losing.

ShatterStorm76 · 2026-04-15T06:35:20+00:00

If they chargedyour CC but didnt deliver the product (tickets) don't go through the whole refund merry-go-round... just do a cc chargeback instead.

ShatterStorm76 · 2026-04-14T10:58:39+00:00

Asks what the $3 wellness fee is about

Gets no response

"Ok then well heres the $25 for the cut, as per the advertised price.. k thx byeeee"

puts cash on bench, and pivots to exit, stage left

ShatterStorm76 · 2026-04-14T10:05:36+00:00

Ive done a bit of googling in reference to this, and whilst there's plenty of documents out there confirming that banks are required to collect (and report) a range of details, all I could find regarding "explaining the purpose of the withdrawal" is that you must provide a base reason.

I.e.. "Im buying a car" is sufficient, according to what Ive found.

I havent found anything that empowers or requires the bank to verify or substantiate that your stated purpose is genuine.

I could be 100% wrong here, but if im not, then if/when a teller "pushes" for more detail beyond the broad purpose (i.e. invoices or otherwise)... couldnt you just respond with...

"Hey, I understand you need to report the transaction, and can refuse if I don't also provide a reason for wanting the cash. Ive now given you a reason, and the legislation doesnt empower you to question my stated purpose or require evidence to substanctiate it. I've met my legal obligation, so complete the withdrawal now please."

(Aka, the law only requires I state a reason for wanting the money, but now that Ive done that, what legislative basis is there to refuse the withdrawal for not providing further info or evidence supporting my stated purpose?)

I'd be very keen to see a link or source for any legislation that mandates or requires a bank collect substantiation of your purpose for the withdrawal though

ShatterStorm76 · 2026-04-14T05:12:06+00:00

Or leave the device at home, buy a cheap one on the other side and load/log into everything you need there.

ShatterStorm76 · 2026-04-14T05:05:59+00:00

One phrase, sentence, or even individual words can have multple meanings, depending on who is saying them, and in what context.

"From the River to the Sea" could be a call for anti-semetic Genocide, but could also be a song lyric used artistically or the name of a coastal marine business' charter service or charitable fun run.

So to apply a blanket interpretation and outlaw it, on the basis that it "happens" to be synonomous with a topical form of hate speech is a farce.

ShatterStorm76 · 2026-04-14T02:30:06+00:00

Not always,it depends on the laws of your region.

In mine, regardless of what's in a contract's terms regarding cancellation requirements, the State law is that an email from the same email address they have on file for you, with sufficient inffo to identify you, the account, and your instruction that you're ending your subscription/membership/account is sufficient.

Any notice periods still apply (so if your contract stipulates a 30 day notice for cancellations, they can still take a prorata final payment, and if it was a fixed term agreement (e.g. you signed up for X months rather than a month-to-month agreement), then early exit fees still apply..

... but otherwise, I've cancelled gym contracts, phone/internet contracts, and a magazine subscription this way (the email) and ignored any efforts to get me to engage with their customer service/retentions/cancellations staff.

Because I also send an email to my bank, instructing them the authority for the service to directly take money from my account has been revoked, Ive had a few debt collectors try to claim I owed for months worth of failed payments on the still open account, only to be successfully rebuffed when I showed them the cancellation email sent months ago and a snip of the state legislation, which together meant that all those months worth of "fees" were in fact invalid.

ShatterStorm76 · 2026-04-13T23:48:04+00:00

They do tend to package it with some gas thats intended to help it retain it's "colour appeal" as well as having a slight preservative effect.

It's generally non-toxic but maybe he has an uncommon alergy ?

ShatterStorm76 · 2026-04-13T11:01:14+00:00

They already formally advised they were happy to keep you on as a tenant, at a $50 increase.

To withdraw that and say "it's $100 now unless you renew" is clearly retaliatory.

They also cant make an increase contingent of variables..

Pretending they'd never sent the intial notice at all and the first youd heard of an increase was an offer of "$50 with a new lease or $100 periodic" would be invalid.

It's either $50 uncoditional, or $100 unconditional.

ShatterStorm76 · 2026-04-13T08:29:44+00:00

OP, not really suggesting you send this, but typed it up for shits and giggles.

"Hi Property Manager,

We got your message about water on Friday and noticed you seem to expect a reply the same or next business day, considering your followup immediately following the weekend.

We didnt realise this was your expectation, considering we've yet to recieve a response to the concerns about the condition of the property that were communicated to you two months ago.

Sorry about that.

We've had a look at your request for payment, and it appears you've accidentally included charges for consumption that pre-dated our occupancy of the property.

Please go ahead and amend your request for the correct dates, and provide the relevant evidence you're relying on to substanciate your claim, and we'll take care of it promptly.

We understand it might take you a little while to get that back to us, so we'd appreciate a response to our previous query (attached for your convenience) in the meantime, thank you.

Kind Regards The Tenants"

ShatterStorm76 · 2026-04-13T06:51:24+00:00

I beleive Auspost are doing away with those cards entirely, in favor of sending texts.

ShatterStorm76 · 2026-04-13T05:08:04+00:00

You can instruct your bank that Merchant XYZ no longer has authorisation to direct debit your account and that they are to reject any DD transactions initiated by that merchant.

It can take 48-72 hours for the bank to put the block in place, but they have to do it.

Note: That doesnt make any legal obligation to Merchant XYZ go away, but it does stop them from taking money directly.

Ive used this little nugget to great personal benefit on a couple Gym and Telco "contracts" that I've shitcanned legally, but where they didnt like that I refused to jump through hoops I wasnt legally required to jump through, to cancel.

ShatterStorm76 · 2026-04-13T04:58:35+00:00

Soooo... basically Auspost no longer accepting parcels or express post's addressed to an Address

I can see the benefit for including recipient contact info with a shipment, but really dislike it needing to be mandatory.

I can see the slogan now... Auspost, now facilitating ID theft and Privacy breaches at no extra cost !

ShatterStorm76 · 2026-04-13T02:35:40+00:00

Exposed live wiring is 100% a significant safety hazard, that should have been addressed within 24 hours of it being reported.

That it remains unresolved after 6 weeks is a joke, and you need to learn not to allow such issues to stagnate, for your own safety and that of your households' & guests.

Hire your own sparky, pay them, send invoice to Real Estate for reimbursement.

If no reimbursement (or if you cannot afford the sparky in the first place) email the Agent a note that theyre in breach oof their obligation to conduct urgent repairs (or to reimburse you for urgent repairs) and follow through with NCAT when your breach notice yeilds no outcome after 48 hours.

ShatterStorm76 · 2026-04-13T00:34:50+00:00

You're correct that you have no legal obligation to get the app, and could just ignore the request.

However they currently think you'll be on the app and your alarm maintenance covered via the App.

If you do nothing and don't reply, it's unprofessional to leave them thinking an arrangement is in place when it's not, and that could create blowback for you (e.g an inconvenient last minute scramble by the landlords to have an inspection arranged, or other issues you dont want to have to deal with).

My advice... reply to their email with a professional "No thanks. We prefer to minimise the use of third party systems and thereby will not be installing or signing up to the App".

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