up and at them!

Let’s face it, nobody likes having to deal with the real estate agents. This is usually because when everything’s going right there’s really no need to ever have to contact them. Then there’s the Rental Agents themselves – they’re generally the new employees to the company and they’re the bottom rung employees who are probably bitter about their jobs. From their perspective, as the tenant, you’re their biggest pain in their arse. So, how do make sure that things run as efficiently as possible for everyone involved when things do go wrong?

Some of these tips may seem a little bit of an overkill, and there is a bit of work that’s involved, but it’s important that if things do go to shit, you’ve got the paper-work to help you out. Some of the tips may seem really obvious when you read them, but it’s still important to be aware of. Sometimes when you’re in the heat of the moment, it’s easy to forget the little things. I’ve seen a few tribunal cases before, and I never cease to be amazed at just how unaware some people are of their surroundings.

Now, rental law differs a bit from state to state, so it’s important that if shit does hit the fan, you find out your rights. Most of the time real estate agents rely on the fact that their tenants don’t know their rights, so make sure you read up! But for now, here are is a few simple tips that I’ve picked up over the years:

1. Find your local Tenants Union.
Most states should have their own Tenants Union. If you’re getting into trouble, these are the first people you should be calling. Most of the people working here have an amazing knowledge of the Tenants Act, and will know all your rights and responsibilities inside and out. Drop in and see them, tell them about the situation, and they should be able to guide you pretty well in what to expect next. If the matter is REALLY serious, they can also refer you to proper legal counsel, should things go that far. This is a free service in all states (as far as I’m aware), and they’re all super helpful.

2.  Fill out your Condition Report correctly.
From the very first day you move in, make sure you fill out the condition report correctly. Many estate agents will try and rush you through this process, but it’s important the be incredibly anal about the details. Make note of every single scratch, stain, mark and tear. Also, make sure you have a print-off of the ad for the rental property. If it mentions something in the ad that the place doesn’t actually have, make a note of it. If something isn’t broken yet, but looks well worn, make a note of it.  Another important thing, bring your camera and take a photo of the new place, and make sure that your camera has the date-stamp on the image on it – use a proper camera, don’t rely on the camera function on your mobile phone. Take as many pictures as you can.

3. If you need something repaired, ask once, ask twice, but then demand a third time.
At the end of the day, real estate agents are just people, and they’re still just as busy as the rest of us, so every now and then it’s okay to give them the benefit of the doubt when they don’t respond right away. When you need to contact them to get something repaired, make sure you contact them as soon as you notice the problem and via a method that can be tracked. Don’t just call them and leave it at that. Send them an email and CC yourself, or send them a letter via registered post, SOMETHING that is provable that you’ve attempted contact. Whatever you do, don’t use their online reporting form – they’ll give you no confirmation of the report you’ve just, well, reported.

If you don’t hear back in 3 days, send it again. If you don’t hear back then, you need to send them an official “breach of contact” notice (you can download this from the Consumer Affairs website in your state). This is an official notice that goes on record that states that if the requested repairs are not made within 14 days, then the real estate agent are required by a tribunal court order to make the changes. If the first two attempts are ignored, I guarantee you this one will get their attention.

The most important thing here: tell the truth. If the ‘thing’ that needs repairing is your fault, admit it. You won’t necessarily be required to make payment just because it’s your fault (most owners should have landlords insurance which minor property damage), but it’s important that you tell the truth at every step of the way. If you’re found to be lying about events, regardless of how big or small, your efforts will be for nothing.

4. Keep a diary.
Throughout all of these events, you need to make sure you keep a diary. Take details when you sent notices, when you made and received calls – even detail what you were told. If you were told that a particular tradesman would show up on a certain day, make a note of it, then make a note if the day he actually shows up. Note everything down. If things do go to shit and you end up in front of the tribunal, all this will show that you’ve done your work, and that you’ve done everything possible to make sure that you’re not doing the wrong thing. Also, if you can, try to make sure that you can be home when the tradesman arrives – that way, you can ask them what needs to be done and how quickly it can get done. It’s not unheard of that they’ll send out some regular handyman to just look at the problem, but can’t actually fix it, if only to buy some more time.

5. Keep paying rent.
I know it’s easy to get angry and feel ripped off that you’re paying for something that’s broken, but whatever you do, do not stop paying rent. Let me repeat it again because it’s really important thing to keep in mind: DO NOT STOP PAYING RENT. If you stop paying rent, this is an instant breach of contract, and all your good work will pretty much be thrown out the window. Not paying rent outweighs absolutely everything else, and the tribunal will see it this way too. You could have video footage of the landlord kicking your dog while you’re at work, but if you’ve stopped paying rent because of it, the Tribunal will still find in favour of the Landlord.

6. If all goes wrong and it does go to the tribunal, try and act like an adult.
If everything does go badly and you’ve either requested, or been summoned to a tribunal hearing, then all the work that you’ve done above is just about to pay off. Going to the tribunal is kinda like a mini court room. It’s generally just you and the real estate agent in the room with a hearing member. This member is usually someone who’s either well experiences in Consumer law, someone involved in some way in the real estate industry, or occasionally is a retired judge with a little bit of extra time on their hands.

You’ll be told to give your side of the story, with any supportive evidence. It’s important to keep your spiel short and concise and only state facts – don’t bring any emotion into it at all, no matter how angry you might be, leave out any phrase that starts with “I felt that…” or “I’m disappointed in….”, or “it made me mad when…”. Don’t raise your voice and don’t get sarcastic, don’t cry, don’t get angry, regardless of what is said. You should also make a brief time-line of events that you’d jotted down in your diary that you can give the Hearing Member. Make sure that all your notes, photos, etc,  that you bring to the Tribunal, you make three copies: One for you, one you can give to the hearing member, and another one potentially for the real estate agent (but only if requested by the Hearing Member). At the end of the day, you need to be able to show that, no matter what the reason is that you’re there, that you did everything you possibly could to rectify the problem within your best ability.

Typically, tribunal hearings are heard by a Hearing Member who - as long as you’ve done your homework - will side with the tenant, but don’t rely on this. It’s important to show that you’re a sensible normal person who is just trying to live quietly and peacefully in your own place. Wear a nice suit, do your hair, make sure you show up on time, don’t use slang or colloquialisms once it starts. And please be civil with the real estate agent. It sounds horrible, but you need to make them look like the bad guy.

Now, the tips above are just a rough guide and based on my own personal experiences. As I mentioned above, if you’re going through these problems, it’s important that you know your exact legal rights, so you should get proper advice as soon as possible. Many problems arise with rental properties because the estate agency will try and take advantage of the fact that as a tenant, you don’t know your rights. Most states have their own tenants union, so hit up Google and find one in your local area, they’re an amazing help and will do anything they can. They should be your first port of call.

Good luck!