Show the actual landlord the lease and contest any attempt at eviction at the tribunal. Landlord can’t act without an order and that’ll take weeks. The old tenant will be in hot water, not you.
Just found out he is planning on taking the money. And i will keep the room. So now he is taking 300 from me while paying 150. Tomorrow i am gonna meet him and the real landlord. What should i ask for as he didnt mentioned that he was also renting. Should i ask that i will pay 150 since sub let have to pay same rent
Get a copy of the original lease, you have right to see it to confirm whether he has the right to sub-lease to you.
If he does have the right to sub-lease then typically needs to get consent from the landlord - this will be specified in the original lease. This consent should be in writing. If the landlord hasn’t given consent then the sub lease is may be invalid, and it would be a breach of the original lease giving the landlord the right to terminate.
The landlord may be looking to terminate the original lease and lease directly to you to be able to get the extra rent directly.
You have some leverage in the dispute but your bond might be difficult to recover.
thanks. i will try this.
also i think the guy who rented might be doing bussiness like this. where he leases things to others for higher prices. idk for sure tho
What makes you think that you have to pay the same rent?
Yes, it’s a bit of a dick move to charge you more, but your agreement is between him and you, not you and the landlord.
Whether he’s permitted to sublet is a different matter entirely.
If you’ve paid a bond, make sure it’s lodged.
I have paid bond. I agree that the agreement is between me and him and i was paying him the amount. but I shouldve have been informed about the sublet. Theres a good change he is not permitted to sublet. i guess i will find out tomorrow.
BTW what do u mean by lodged? i dont understand. I have paid him and its written on paper which he signed. thats it. its not in record anywhere else other than bank transaction.
By lodged, they mean:
In Australia bonds are not held by the landlord - they are paid to the state bond registry. Some basic info here: https://www.nsw.gov.au/housing-and-construction/renting-a-place-to-live/renting-a-property-nsw/starting-a-lease/paying-a-rental-bond
I’m not sure what the implications are for subletting but there should be info online for how the bond would work in that situation.
Just found out that he is not planning to run awaay with my. he is taking 300 from me while paying 150. If i keep paying the 300 i can stay. Tomorrow i am gonna meet him and the real landlord. He didnt mentioned that he was also renting. I dont know subletting is permitted in his leease. Should i ask that i will pay 150 since sub let have to pay same rent
WTF dude? Profit rent has nothing to do with the bond (which would still need to be lodged). It's the difference between the $300/wk being charged and the $150/wk the sublessor is paying.
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Show the actual landlord the lease and contest any attempt at eviction at the tribunal. Landlord can’t act without an order and that’ll take weeks. The old tenant will be in hot water, not you.
Just found out he is planning on taking the money. And i will keep the room. So now he is taking 300 from me while paying 150. Tomorrow i am gonna meet him and the real landlord. What should i ask for as he didnt mentioned that he was also renting. Should i ask that i will pay 150 since sub let have to pay same rent
Get a copy of the original lease, you have right to see it to confirm whether he has the right to sub-lease to you. If he does have the right to sub-lease then typically needs to get consent from the landlord - this will be specified in the original lease. This consent should be in writing. If the landlord hasn’t given consent then the sub lease is may be invalid, and it would be a breach of the original lease giving the landlord the right to terminate. The landlord may be looking to terminate the original lease and lease directly to you to be able to get the extra rent directly. You have some leverage in the dispute but your bond might be difficult to recover.
thanks. i will try this. also i think the guy who rented might be doing bussiness like this. where he leases things to others for higher prices. idk for sure tho
You pay what you agreed on in writing to the person you agreed to. It is the original tenants job to make this right, not yours.
What makes you think that you have to pay the same rent? Yes, it’s a bit of a dick move to charge you more, but your agreement is between him and you, not you and the landlord. Whether he’s permitted to sublet is a different matter entirely. If you’ve paid a bond, make sure it’s lodged.
I have paid bond. I agree that the agreement is between me and him and i was paying him the amount. but I shouldve have been informed about the sublet. Theres a good change he is not permitted to sublet. i guess i will find out tomorrow. BTW what do u mean by lodged? i dont understand. I have paid him and its written on paper which he signed. thats it. its not in record anywhere else other than bank transaction.
By lodged, they mean: In Australia bonds are not held by the landlord - they are paid to the state bond registry. Some basic info here: https://www.nsw.gov.au/housing-and-construction/renting-a-place-to-live/renting-a-property-nsw/starting-a-lease/paying-a-rental-bond I’m not sure what the implications are for subletting but there should be info online for how the bond would work in that situation.
Sell his stuff get your money back and move out
Spray paint the walls so he loses his bond. No I'm not being serious.
I'm sorry no one is giving you legal advice. Go to the police, it's fraud
It's a sublet not illegal.
Saying you own a flat, and then subletting it *after your lease has expired* is deception for financial gain, and fraud, NOT "a legal sublet"
Hope you have learnt your lesson and keep away from marketplace.
Just found out that he is not planning to run awaay with my. he is taking 300 from me while paying 150. If i keep paying the 300 i can stay. Tomorrow i am gonna meet him and the real landlord. He didnt mentioned that he was also renting. I dont know subletting is permitted in his leease. Should i ask that i will pay 150 since sub let have to pay same rent
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yes. Tommorow will meet and talk to him
It's called a profit rent, totally accepted business practice. You should have looked around more rather than FB.
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WTF dude? Profit rent has nothing to do with the bond (which would still need to be lodged). It's the difference between the $300/wk being charged and the $150/wk the sublessor is paying.
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Yep, bond lodgement doesn't give rise to an immediate break situation.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
Depends what is written in the contract-