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## How the Rent Became Late/Unpaid

The situation leading to the late/unpaid rent is quite complex and spans over a significant period of time. At present, the rent is almost two weeks overdue, and there has been no communication from the property manager, leading to suspicions that they may be gathering evidence for an eviction.

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## Summary of Events Leading to the Current Situation

1. The building features common metal blinds in various units.
2. After returning from vacation in early January, it was discovered that the metal blinds in the apartment were broken, resulting in decreased natural light.
3. Despite ongoing communication with both the agent and the strata over the past three months, the issue remains unresolved, with promises made but not fulfilled.
4. During the February rent cycle, rent payment was withheld until the blinds were fixed. After a technician assessed the blinds and promised a quote, rent was paid.
5. In the current month, rent has once again not been paid, and the property manager has not taken any action.

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## Property Manager’s Potential Motives and Legal Arguments

It is suspected that the property manager may be using the overdue rent as grounds for eviction, especially considering the relatively low rent amount for a one-bedroom apartment in Rushcutters Bay.

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13 Comments

  • Ok-Motor18523

    Mate. You can’t withhold rent.

    Full stop.

    You breach them, and take them to NCAT.

    Withholding rent is grounds for termination. Despite the blinds not working.

  • Missshellylyndsay

    DO NOT EVER WITHOLD RENT.

    You breach the real estate for repairs, if *CAT decide that they have had reasonable time to fix the issue and haven’t, they will request you pay rent into their trust and they will release it to the agent once the repairs are done.
    But withholding rent will go against you and more likely to be evicted.

    Edit: they don’t need to scare you with eviction, withholding rent and fallling behind is grounds for eviction.

  • MissMurder8666

    You can’t stop paying rent! They can totally kick you out for that. Go down the correct avenue

  • josh184927

    Bahahahaha gosh OP you went quiet when you realised how incredibly in the wrong you are. This didn’t work out how you hoped hey?

  • mookizee

    What’s do not honour rent? Thats not a thing. Thats absolutely not how you get things resolved. Hope you’re ready to move. I would pay immediately and find a way to apologise for the lack of judgement

  • Morning_Song

    There are steps/processes they have to do before an eviction

  • Silly_Western9160

    As others have said, you cannot withhold rent.

    However my property manager for my IP (quite close to you in Sydney) told me that he gets no visibility that a property is in arrears until it’s 14 days late, then he gets a report to chase. So you should pay now and hope it skips under their radar.

  • Particular-Try5584

    Legally you cannot withold rent for repairs.
    You will lose when this goes to court.

  • ms_lizzyt

    If the blinds are a strata responsibility, the LL and PMs hands may be tied. You would need to go through the process of issuing the requisite notices for your state in order to have the repairs done. If they aren’t done in the correct timeframe, you take the LL to NCAT. There will most likely be an order to have the repairs done. The order may give the LL the kick up the backside they need in order to kick strata up the backside, and if it still isn’t done, you can most likely seek compensation.

    As for the non payment of rent, as others have said, do not withhold rent. EVER. Rent and maintenance are two separate issues. Their argument will be.. you aren’t paying the rent. You’ve quite probably screwed yourself anyway and won’t get a favourable rental reference from them when you apply for another property.

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  • Aggravating-Lake2258

    They can’t issue you an eviction notice until your 4 weeks late, unless your lease states otherwise. Plus public holiday coming up, property managers probably in holiday mode and will deal with it when they get back in the office.

  • boofles1

    Make sure you keep the arrears under 14 days because they can only issue a valid termination notice if it’s over 14 days. They may be waiting for it to be over 14 days. If they issue a termination notice you need to pay off all the arrears.

    You could always email the property manager and discuss paying off the arrears.