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Private rental

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doiowehimmoney View Drop Down
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Joined: 21/April/2017
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  Quote doiowehimmoney Quote  Post ReplyReply Direct Link To This Post Topic: Private rental
    Posted: 21/April/2017 at 15:31
Hi all,

I am currently in a dispute with a family member/landlord over what he believes I owe him after a 14 year tenancy. I would like to know where I stand and what my options are.

When I moved in I was 17 and we did not have a written lease agreement/bond/etc as I was to be 'housesitting' for a year while they were overseas. Only, they didn't end up returning for 14 years. I remained paying rent in the house for the entire time and had various housemates over the years. Rent was transferred directly into their account. There were no inspections for 14 years. The verbal agreement was for cheap rent (150/week) so long as I looked after his house and furnishings.

Two months ago we were asked to move out so his daughter could live in the house while she attends university nearby. We (myself and a housemate) were out of the house days earlier than required. Rent paid in full, house and yard neat and tidy, carpets professionally cleaned. I was even proud of our work! No cause for alarm and no exit report so I didn't think to take photos.

I have now suffered two months of accusations and threats of legal action for what he claims is neglect on my part. The story is long but here's the rundown of what he wants me to pay:

-steam cleaning of upholstery.I have agreed to pay this if he sends me a receipt (we had a cat that we were not supposed to have)

-replace 3 Persian rugs (some carpet moth damage occurred while there were rolled up and stored in a cupboard for 14 years)

-Plumbing costs. Apparently a plumber I organised (but he paid) for installed the wrong fixture. He wants me to compensate him for this cost. Also he claims some drains were blocked after I moved out.

-Flights for his wife to come up to QLD to inspect the house


Other complaints of his include possums in the roof, some dust on a high shelf we forgot to clean, some dead pot plants, some photos of parties I had approx 10 years ago, and a neighbor mentioning that we had band practice at the house approx 6 years ago.

So where do I stand? Any advice would be welcome! I have remained polite despite his aggressive texts/emails/phone calls. I just want it all to be over and left in peace!

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2017 at 20:27
I don't believe you have any problem, do what you have agreed to do, but deny the rest, it comes down to his word against yours, and the question of fair wear and tare over a 14 year period suggests that many of his complaints will be dismissed.

I expect he may try to take this to a tenancy tribunal, but the fact that there was no formal rental agreement coupled with other irregularities suggest the tribunal will either throw this out or just come down on your side.

Stick to your guns.

doiowehimmoney View Drop Down
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  Quote doiowehimmoney Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2017 at 21:27
Thanks for your help,

I am quite stressed about the situation. In particular the plumbing issue which he has estimated about $1800 and the rugs which he has estimated to be about $3700. I don't believe I caused the damage either on purpose or through negligence. Would it be reasonable to tell him flat out that I will not pay for that?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 21/April/2017 at 23:43
Yes, tell him what he can see is no more than fair wear and tear over 14 years. He should take the plumbing issue up with the plumber who installed incorrectly. see This Site

Edited by citizen-joe - 21/April/2017 at 23:47

doiowehimmoney View Drop Down
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  Quote doiowehimmoney Quote  Post ReplyReply Direct Link To This Post Posted: 22/April/2017 at 10:57
I am under the presumption that he kept our rental agreement of record in order to avoid tax on the income. Is it a bad idea to bring this up with him?

doiowehimmoney View Drop Down
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  Quote doiowehimmoney Quote  Post ReplyReply Direct Link To This Post Posted: 22/April/2017 at 10:58
That was mean to read "off record"

hudson72 View Drop Down
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  Quote hudson72 Quote  Post ReplyReply Direct Link To This Post Posted: 22/April/2017 at 12:56
I wouldn't stress at all, no lease agreement, and what a nerve asking you to pay for flights for his wife to inspect the house.

Block his number and email..and say see you in court.

He has no leg to stand on considering no house inspections were done its all fair wear and tear.

It would be worth to mention to him the tax free income he received

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