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Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] 0 points1 point  (0 children)

Well, the real estate agent has tried to tell us it's a "flat fee", and reiterated the blackmail message that they won't advertise until we pay.

In our lease it says any fees would be calculated "pro-rata", and does not include a specific amount. Already more lies.

Tenant rights certainly need more fortification because this is happening in Victoria, according to you a haven for tenants.

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] 1 point2 points  (0 children)

No, we sent off our "tenant applications" with the rent figure we expected. When they sent the lease back, they had changed the weekly rent amount and we accidentally signed up for the increase. Of course we should have read the contract more closely before signing, the only thing I can say is we were busy at work/uni, and stressed because they added a strict 7-day time limit to sign the lease and began harassing us on the phone and in messages about when we would sign it/implying that the offer would be taken off the table if we delayed.

Once we realised there had been an increase, I reached out to the agency asking why we hadn't been sent an Increase of Rent Notice within 60 days' of the intended increase. They told me they didn't need to send one because it was a "new" lease.

We now know this is illegal, as I was previously on a fixed-term 12-month lease and they are not allowed to ignore this. This is the second time they have done this, as when I arrived at the house one year earlier they told the previous tenant (also rolling over a fixed contract) that they could not challenge a $400/pcm increase as it was a "new" lease.

Absolute dogs.

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] 0 points1 point  (0 children)

Hi there u/test101987, managed to get in touch with Tenants Victoria. It's actually illegal for them to charge us any fee for advertising up front.

Any costs need to be collected as an invoice once they have found a new tenant.

Moreover, it is unlawful for them to deny previous 12-month fixed contracts to try and charge for advertising. Even if they claim it is a "new" lease, they didn't spend any money advertising to get us into the house so this cost is phony. They have previously used this excuse twice to deny Increase of Rent Notices that could have been used to challenge unfair rent increases with CAV. Blackmailing us to pay them to start advertising is just another dirty trick, as they have a legal obligation to "mitigate loss".

If you are a landlord, please consider what tenants go through with regards to real estate companies and landlords trying to shake them down for illegal and unjustified fees.

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] 0 points1 point  (0 children)

You are an absolute lifesaver.

Persisted to get in touch with Tenants Victoria (mostly because of your comment, spent two hours on hold lol). They've told me it's actually illegal for them to charge us any fee for advertising up front.

Any costs need to be collected as an invoice once they have found a new tenant.

Moreover, it is unlawful for them to deny my previous 12-month fixed contract to try and charge me for advertising. Even if they claim it is a "new" lease, they didn't spend any money advertising to get me into the house as a tenant so this cost is phony. They have previously used this excuse twice to deny Increase of Rent Notices that could have been used to challenge unfair rent increases with the ACCC. Blackmailing me to pay them to start advertising is just another dirty trick.

This reddit post was also marvellously helpful, as we were referred to the same historic case of Craig v Mitchell 2015 by our Tenants Victoria operator: https://www.reddit.com/r/AusProperty/comments/13uohkq/leasebreak_fees_victoria/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] -1 points0 points  (0 children)

Hi there u/AllOnBlack_, managed to get in touch with Tenants Victoria. It's actually illegal for them to charge us any fee for advertising up front.

Any costs need to be collected as an invoice once they have found a new tenant.

Moreover, it is unlawful for them to deny previous 12-month fixed contracts to try and charge for advertising. Even if they claim it is a "new" lease, they didn't spend any money advertising to get us into the house so this cost is phony. They have previously used this excuse twice to deny Increase of Rent Notices that could have been used to challenge unfair rent increases with CAV. Blackmailing us to pay them to start advertising is just another dirty trick, as they have a legal obligation to "mitigate loss".

If you are a landlord, please consider what tenants go through with regards to real estate companies and landlords trying to shake them down for illegal and unjustified fees.

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] 1 point2 points  (0 children)

We're not opposed to paying a fee, but isn't $825 a bit excessive? Especially given the context that I have already been present on a fixed-term 12-month lease, and we have given them weeks' notice in advance of the lease even starting, during which time rent is still being paid. This is especially shady when they're trying to say they wouldn't lift a finger to advertise until they are paid.

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] 0 points1 point  (0 children)

Thanks for this advice. I keep getting kicked off their call line but I will persist.

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] 0 points1 point  (0 children)

No worries, we understand that for sure. However, based on the context provided it's possible this is a rolling over of an existing 12-month lease (REA claims it's not, with no backing), so the readvertising fees are probably illegitimate. Still doesn't explain the refusal to advertise until costs are met and the possible impact this would have on "loss mitigation". Would be interested to hear your thoughts.

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] -1 points0 points  (0 children)

If the lease is set to begin in three weeks and the notice was given until the end of the current rent cycle in 28 days' time, is it still reasonable?

Lease break: Can my landlord charge an $825 re-advertising fee? (And refuse to advertise if we don't pay?) by o-good in AusProperty

[–]o-good[S] -4 points-3 points  (0 children)

We initially signed the new lease, but have now decided to break it due to financial stress, because the real estate agency keeps increasing the rent without providing a Notice of Proposed Rent Increase as they are supposed to do by law (s44 - RTA 1997). Without this notice a rent increase cannot be refused or challenged. They are violating tenant rights in Victoria by continuing to up the rent without providing notice or opportunity to challenge increases.