Saturday 8 February 2014

No one will ever get ahead

A few days ago, I received an email from an aggrieved and erudite tenant. I have decided to publish it verbatim. This is what it is like to rent in Melbourne...

Here are some of the things I've encountered. And let me say that I am a model tenant. I treat the places I live as if they are my own, have had every penny of bond money always returned to me (even though in one instance, a landlord dubiously tried to claim our bond because she believe there was a bit of dirt on a window sill - upshot was that she lost that one). So having rented for over a decade, my history is sound. That doesn't always make it simple to get a property though.

I rented an apartment and a week after I had moved in, a key jingled in the door. I was semi-naked. The door opens and it's a real estate agent (not from the agency who rented me the place) showing buyers through. This happened two more times. It appeared that six different real estate agents had keys to my apartment. I wasn't notified at the time I leased it that it was also FOR SALE. When I complained my property manager said I could change the locks at MY expense, even though I'm pretty sure it's against the law to rent somebody a place that is FOR SALE without informing them. Not to mention that the landlord had it simultaneously listed for sale or rent with multiple agents.
The hot water service broke down during the second month into my tenancy. The head property manager was away and the woman she put in charge simply told us that she didn't know who to contact to get it fixed and then ignored our phone calls. It was fixed 36 hours later after I sent three emails and made a dozen phone calls. They didn't deem it urgent.
Then they send photographers in to take photos of the place now that my furniture is in there so they can use them to update the photos for the sale listing - as it looked better for them furnished as opposed to empty. The photographer demanded to move my furniture around and disrupt the place. I refused him. Then there were open inspections every Saturday for several months - through a different agency to mine. I complained to my property manager and she seemed indifferent. Then I was warned not to bother the prospective buyers as they looked through the property. I had never done any such thing, but the agent who had the sale listing said that I did, I'm guessing only because I told him that I will no longer allow him to just come through every week. I was refused a rent reduction and was pushed to my boiling point. I went to see the Tenants Union and contacted Consumer Affairs but did not receive much help from either, short of taking them to court - which I couldn't afford. So I sent a strongly worded email to my property manager demanding either a rent reduction or to be let out of my lease reminded them that the law was broken by not informing me that the place was for sale when I leased it. I was let out of my lease.

Another property I lived in was put up for sale two months after I signed a lease. Specifically after I asked the property manager if the landlord wanted a long term tenant - they said yes. I understand situations can change but seriously they didn't know they were planning on selling two months prior to informing me. I even wrote on my application that the reason I was leaving my last place was because of the incessant open inspections that certainly infringed my quite enjoyment of the property. So between valuing the property, having workmen fix cosmetic things that were fine to leave in a state of disrepair for their tenant's occupation that included an unannounced visit from the landlord to supervise the workmen and fiddles around at the property, having a photographer move my furniture without my permission (and not put anything back),
having endless open inspections in which people off the street went through our cupboards with impunity, an auction then more opens and private inspections, it felt like we had no peace and that the rent money I was paying didn't even provide me a home that felt like my own.

Another time, my property manager gave me a negative reference to prevent me from leaving. The prospective agent told me as much, they were told I didn't pay my rent on time which was untrue yet a major red flag for my chances at that property - who are they going to believe. I lost the property and when I accused the property manager of this, she denied it. The next reference was outstanding from her.

It seems every place I've rented (with the exception of one) I have never been left alone, completely beleaguered throughout my tenancy. So in essence I feel as if my rent money is simply to allow me a roof over my head but not privacy.

The issue with complaining about breaches on the part of landlords and agents is that you also need them for a reference in order to get the next property. So I'll be honest in admitting that I'm slightly timorous and afraid to make trouble even when I'm completely justified. They have us tenants over a barrel. There are too many grey areas in a lease the biggest one being - quiet enjoyment of the property. So how many times can agents hassle a tenant and open inspections occur within those parameters? It seems like something that's never enforced because it's not clearly defined.

In fact I think the laws need to change - that a property cannot be listed for sale during a fixed term tenancy. It's unfair and it seems only the landlords win, they collect several hundred a week while waiting to make a sale. So they don't risk or lose anything. Why not force them to stop hedging their bets and make a damn decision.
Either rent it or sell it, you can't have it both ways!

I understand there are tenants from hell, but that shouldn't mean that landlords always get a free pass. I've never ever felt like I had any rights as a tenant. Usually property managers ignore you or are indifferent, or they are like austere bullies. Now my money is always good each month but when I need something, I don't get it. And I've never been a person who complains about every minor thing, it takes a lot to get me upset. Ultimately they always get their way. No matter what because they know you need them as a reference and that you are likely not to take them to court. I think there needs to be a balance so that it doesn't equal tyranny on either end.

I should also mention that on the day of one of my previous moves, the elevator in the building broke down. It was always breaking down. Removalists came and I was trapped in my third floor apartment. I understand that the best laid plans of mice and men often go astray but I still had to pay $200 to the removalists just for showing up, then $350 the next day for the move. When I asked the body corporate for compensation, my calls were never returned. One time a resident was trapped in the elevator and the elevator company said it wasn't their responsibility and for her to call the body corporate. They shirked responsibility too. As did her landlord (same landlord as mine). All the while she was still in the elevator and remained there for 5 hours. Also note that she was elderly.


Basically the developer of this apartment building was shoddy and owed lots of people money. He built it cheaply and not up to code. And yes he owns several developments and I feel bad for anybody who ever makes the terrible choice of moving into something he built/owns. The wiring of the phone lines were not done legally. In fact somehow it was so garbled that my home phone and the elevator phone shared the same line, which for some reason prevented my internet connection from functioning - for 2 months! Every phone call made on the elevator phone was being charged to me. Was never compensated but once again ignored. Someone from Telstra said that it was the worst he'd ever seen. He had no idea which plug was for which apartment. A non-accredited individual did the wiring.
And also, please bring awareness to the time and cost involved when moving house. Time searching for places then more time to go to inspections, then even more time for each rental application you needs to fill in and send off. Not to mention how much is involved in changing addresses for bills and coordinating disconnection dates etc. And in my experience it costs around $2000 to move - between removalists, disconnection/re-connection fees for utilities, mail re-direction, having to pay overlapping rent in the old residence and the new one (usually 2-3 weeks for the changeover). Now as a renter clearly that's money most can't afford. This is fine if moving is your own decision, then you incur the costs willingly. However, each time I am forced to move because of landlords selling or intolerable living situations caused by the landlord, I think it's unfair because even though I am free to leave, it costs a fair chunk of money to move - money out of my pocket. I'm not sure how this can be policed but in this terrible economy where almost nobody I know can afford to buy, if tenants have to move constantly because of poor treatment by landlords, then nobody will ever get ahead.
I wish to keep this general and remain anonymous, as I'm guessing it would serve no purpose to identify any landlord or real estate agent by name, but I think us renters need to bring awareness to tenants’ rights. We are led to believe upon being approved to rent a property that we are so lucky to have been picked that it instils a servile mentality in the tenant, especially in the current rental climate of overpriced properties that occurred during the Melbourne rental shortages of the past five+ years.
This tenant has made some excellent points. There is not much more I can add. But I have to agree, tenants should not have to bear the financial burden of moving when landlords enthusiastically and flagrantly break tenancy laws.

 

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