Grandma tricked into signing new lease

VIC

Hey guys,

Grandma lives in a private retirement village in our town. She has been called into the office with no explanation. When she arrived, she had to sign a “rent increase”. She didn’t get any copies. I called the same day to receive a copy from what she signed with no luck. After a couple personal visits to the office, she was finally given the paperwork she signed, in fact it was a new lease with more then double the rent. It is to mention that her old lease was for 21 years, she had more then 12 years left on that lease…
Legal Aid VIC no help, senior rights won’t call back. Any other senior budget friendly options?

in AusLegalby IntroductionTasty503

263

96%

26d

KingKongtrarian

179

26d

No way this would ever be upheld, would she be in a position to go to a Tribunal and seek a hearing? The threat of action or the summons may well be enough…

If she is capable, this is likely the most cost effective option

zerotwoalpha

231

26d

Contact the Elder Abuse Hotline on this. Sketchy as fuck

Conman1984

114

26d

Do you still have a copy of the original lease?

IntroductionTasty503

26d

Yes I do 👍

Conman1984

26d

I'm not in any way giving legal advice, but I find it hard to believe that they could realistically justify the difference in the two if taken to any sort of legal governing board overseeing her situation.

Edit: There might even be others in the facility who have been caught up in this, too. I suggest getting the word out, a class action would put a damper on things right quick...

jingois

25d

Double rent, zero consideration, likely reduced capacity to understand.

You'd have better luck convincing children to sign over their future inheritance for a lollipop, and having that upheld.

SilverStar9192

25d

It's worth noting that common law says that a contract is only valid if both parties agree - and have the capacity to understand what they're agreeing to. Just a signature on paper doesn't mean it will hold up in court, if there's enough evidence that Grandma didn't actually agree and was coerced. I don't have specific knowledge of "elder law" in this respect but I think there is a very good chance the new contract could be thrown out, particularly if there is no consideration / benefit for Grandma. But it's something you really need a lawyer to help with - 12 years of double rent is going to be worth the costs.

In the mean time, if she has enough capacity left for it to be valid, see if she'll sign a power of attorney and refer these kinds of things to you or other appropriate relation going forward.

Moderator removed comment

26d

username_bon

25d

On point. They'd lap this up. Big question, How many other Elderly have they done this too?

Helicopterdog

25d

yes or even jacqui felgate to begin with! She always posts stories of injustice on her instagram

LordYoshi00

25d

https://www.consumer.vic.gov.au/housing/retirement-villages/living-in-a-retirement-village/resolving-disputes-in-your-retirement-village

Ring the Dispute Settlement Centre. You can skip the first step of the internal dispute process as the dispute is with management.

Complaints about management

You do not have to use the retirement village's internal dispute resolution process.

You can:

seek assistance from DSCV

apply to VCAT

seek independent legal advice.

garcon3000

25d

Private retirement villages are scumlords. They aren’t covered by commonwealth aged care legislation and they rip people off. Really sorry for your grandmother

OkSeason4205

25d

Get a lawyer. But contract law states both parties need to understand what is being entered into. Basic offer, acceptance and consideration. Some pretty strong legal precedent on the matter. If what’s your saying is right, there would be a very very slim chance the contract variation is deemed valid

Low-Natural-2877

25d

Vague answer: I heard a story on radio the other day about an aged care group in Tassie raising rents — https://www.abc.net.au/news/2024-04-26/eureka-villages-rent-rises-on-aged-pensioners/103735936 They took the matter to the state’s residential tenancy commissioner and got it reversed

clivepalmerdietician

25d

A 21 year lease would have provisions in it for rent increase (like any lease does). So why did they get her to see a new lease? I would be carefully reading both leases to see what has changed.

SiennaHarlon

26d

Perhaps try contacting Housing For The Aged Action Group for advice

AddlePatedBadger

26d

Try contacting OPAN

https://opan.org.au/

n_Lobob

25d

Could be a case of unconscionable conduct

MissEllisCrawford

25d

If she has a lease that still has >12 years remaining, surely it would have to be surrendered for the new lease to be valid. Did they also have her sign any form of 'surrender of lease' document?

Big-Love-747

25d

I once had a cold-calling real estate agent trick my elderly dad into signing a contract to put his house on the market when he didn't want to sell. He got conned into signing a sales agreement (he's lost a lot of his cognitive abilities and didn't even think about where he was going to live after he sold his home!).

I got onto it right away and I put a fire under the ass of the agent telling the agent it's likely to be seen as Elder Abuse because of my dad's clear medical history and loss of cognition. The scummy agent back-pedalled real quick!

springx3

25d

Victoria? When does the rent increase start? If it’s less than 60 days the rent increase is invalid. And if it’s excessive they need to prove it. Contact consumer affairs. Those guys are great. And if they can’t get the results you want, spend the $90 and lodge a case at VCAT. Feel free to DM me. This is my wheelhouse.

downtownbake2

25d

Are there other tenants?

Have they done this to them as well ?

I hate this, I hope you get it sorted. Name and Shame (not here) if you can't get it rectified.

lew2077

25d

I'd check whether there is a signed surrender for the original lease also, if the original lease was not surrendered then the original will still be current and take precedence.

Natfubar

25d

Any Cooling off period applicable?

IntroductionTasty503

25d

Yep, 3 days. That’s why they didn’t give her a copy… until 2 weeks later!

ApacheCat99

25d

Sorry this has happened, it makes me feel sick hearing stuff like this! I would start off asking the manager to rip it up and discuss a new lease with a reasonable increase and term. If they don't accept then call them out on what they've done and ask if their conduct is something they'd like to see on the news. If they still don't agree then tell them you're going to pursue this and leave. Hopefully at some point they will cave, if not then get in touch with the media and perhaps start a go fund me for legal support.

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26d

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Exciting_Garbage4435

25d

https://www.disputes.vic.gov.au/information-and-advice/retirement-village-disputes

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