Im a single mum and just moved into my new rental property 7 days ago. The landlord live in the granny flat 100 metres

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Customer: Hi Im a single mum and just moved into my new rental property 7 days ago. The landlord live in the granny flat 100 metres away. Last night I got a knock at the door by him around 7pm a notice of breach because my sister and her boys were staying with me to help unpack for a week also the remedy of breach stated house was to be immaculate condition as per entry or sale purposes which it is maintanined beautiully. When i entered the property the floors had not been vacumed, the rubbish bins in kitchen still full of rubbish and study still had his belongings still in the study, it was filthy The lawns were over grown and full of weeds and the land my horses were supposed to be on occupied by his horses which left me with a small paddock that wasn't the original agreement. He has also put into his notice to remedy dogs are to be outside but have ben kept inside the breezway apparently filthy and putrid but this was already dirty and full of his house maintenance gear including paints vacume buckets tools, paint sheets and grass clippings and dirt that was preiously there. And last but not least he has now told me that now the property is not marketable he rent will revert the rent to $1200 rather then our contractual agreement $650. He also has not lodged bond after a week which has ben confirmed by the RTA. I believe i have rights but he has turned up and breached now on 4 occasions in 1 week. im a single mum and have endured all the moving cost now he is trying to bully me into moving without a fight. I am scared and do not no what to do.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: qld australia
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: If I was to move because ive been bullied to and he has already breached his rights so can I get compensation to cover my cost of moving. I haven't breached him yet but he has come to the house univited, turned up last night knocking on the door to give me breach, his horses should be gone as per agreement so my horses can be in paddock, unothorsied entry. The property is currently on the market and he had agents the other day come in and feel he has been given advise to get rid of me as it would be easier not tenated.
Answered by John Melis in 6 hours 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

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John Melis, Expert

In relation to your important matter, you will be able to dispute this addiction notice as being incorrect and wrong reserved and not appropriate under the circumstances. The residential tenancy act will come to your aid in this particular circumstance and protect you fully. What do you need to do is raise a claim immediately in the Queensland civil ministry of tribunal against the notice that you have received.

​You can manage this process without a lawyer, in your local tribunal, QCAT.

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

You will be the applicant and the other party the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further. 

http://www.qcat.qld.gov.au

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

This link above will assist you in the requirements to complete the application form and there are various help menus on the website that will also assist you in finalising the application that can be submitted in respect of pursuit of your claim.

Before you submit your application, make sure that you have all your evidence in hand as this will be required at the hearing date and to be served on the other party.

Keep in mind that once you have lodged your application you need to serve the application on the other party once instructed by the tribunal.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Hi PaulAs per your Notice to remedy to breach issued on the 19/02/20 I would like to discuss the following:As you are aware my background is Property Management so I do understand and respect the legislation as a tenant of any property I have been associated with.Please see below:Breach 1: Excess people staying at the property (2 on lease) Sister and her 2 boys have stayed 6 out of the 7 nights.How long can a tenant have a guest QLD?
Visitors are allowed to stay up to 4 weeks anything after that are usually considered 'residents' and their income is included in your rent assessment.
As per tenancy agreement (form 18a) - please refer to special terms (4) The lessor agrees the tenant has permission to the short term casual sub-lease of a room in the house.Breach 2: House has to be in immaculate condition as per entry for sale purposes.
The legislation stats the following:
No damage has been made on the rental property
Your landlord cannot evict you for your home not being immaculate. This has to be stated in the lease agreement or in the state tenant laws to be legal)
Notes to be addressed to landlord regarding immaculate condition as per entry for sales purposes:
Home has been maintained to the same standard when property was handed over by landlord and more cleaning has taken place.
On entering property:
No bond clean had been done, rubbish still in bins, skirting boards not cleaned, cupboards filthy, study still had landlords paperwork, files, rubbish and absolutely filthy. Landlord emptied room out without cleaning or vacuumin you left room with dirt dust on desk and carpets filthy, main bedroom draws and cupboards dusty, Laneway entrance filthy with all his materials laying around,ladder, paint sheets,tools, vacumn, pool hoses and brushes, buckets, empty esky mud, dust and grass clippings in pool area the list is endless.
Breach 3: Dogs were to be outside but have been kept in breezeway & was filthy & putrid.
As discussed with you until fencing was up you were happy for me to have dogs in breezeway and the yard outside. Once fencing was up for we could use the larger yard outside or shade and cover from rain for them.
I have gone over the tenancy agreement Part 3 special terms it does not say no dogs in house or breezeway. Dogs are not permitted in the house at all as per our verbal agreement which has been adhered to.
Note: As property is not marketable the rent will revert to $1200 per week as per lease until vacated.
Rent increases refer to tenancy agreement 10 - ss91 and 93 clause 3 - Also who determines that the property is not marketable? This is subjective to the person who is determining the property is or isnt. A property can be marketable in any condition wheather it is at its full potential or still undergoing renovations, work to be done outside etc Having hair on the shower floor and 2 dog bones in the walkway or guest isn't going to stop any buyer from buying your property.
Moving forward I would like to set up a conciliation to be had see attached Form 16 - This will be a 3 way conversation with a conciliator from the RTA to help rectify this matter in a professional way so both parties are informed correctly.
I'm also happy come to a mutual agreement between both parties to terminate tenancy with you covering my moving cost and full bond refund be returned.
Breaching me at night and entering property without 24 hours is unlawful entry. On numerous occasions you have entered property to gain access inside.
Land that was agreed for my horses is not available because you still have your horses on premises.
Under 24 hours notice given to me regarding agents coming in at 8.30am and viewing property, in which I was told agents were viewing property not yoy and Alison to arrive home at 9.20 and you and Alison talking in the kithen was unathorised entry.
If I was given sufficient notice I would have been able to clean mess around pool and lane way you made when mowing, sanding, and left your items in laneway from you doing maintenance and yes dogs as it had been raining and was needed a hose down, I do agree they did have there bones in there.
Study floor to be vacuumed after I had cleaned up all the mess on desk cupboard and draws which was left filthy
Broken items that still have not been fixed - only one room in house has cooling that is working, the Fan in bedroom top left not working , Aircon in the bedroom next to main blowing out some kind of smoke when turned on, bin in main kitchen keeps jammed, handle in kitchen cupboard, door to garage still not fixed and dangerous,
Bond lodgement still not submitted to RTA
Customer
hey this is the email I sent can you please advise asap. thank you
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John Melis, Expert

If it is easier, we can talk on the telephone as well. Please select telephone services. In regard to the points that have been raised this can all be handled in the Queensland civil and administrative tribunal, and you can file an application tonight online with that tribunal.

Customer
Hey John I was advised I would get email advice by paying the signup fee, I cannot afford $85 as I am a single mum who is struggling financially atm
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John Melis, Expert

we can chat in this box as long as you need.

I do recommend that you consider the points I have raised above and full of those steps as that will help you with the process you've got

Customer
you have given me nothing.
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John Melis, Expert

Please scroll up I provided a detailed explanation to you in the post above

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