1300 Smoke alarm

[Dylan33]

My wife recently had a new tenant sign a lease to her apartment. We employed a real estate to find a tenant and we will take over the management from now on.
We received a pack from the Real estate along with a pamphlet from a smoke alarm maintenance company.
My problem is it's a compulsory offer, meaning if I don't contact the company I am automatically enrolled in their service which costs $65 per year.
What a con! So I have to spend my time and maybe some cash to tell someone I'd like to decline their friendly offer.
'Do nothing and we will automatically enrol you'. I don't know how they'll get the money out of me? I guess I'll be charged for their service because I didn't decline it?
I'd like to let it run and see what happens. And see what they come up with at bill time.
Anyone else come across this stuff?

 

[Ed Barton]

Silence is not agreement. You have no contract with this mob. At some point they're going to have to contact you to get access to the property - maybe tell them to get stuffed at this point.

Having said that a simple phone call could avoid a lot of hassle if they try to chase you for payment.

 

[Macca]

I would send the brochure to the Dept of Fair Trading

 

[wylie]

Silence is not agreement. You have no contract with this mob. At some point they're going to have to contact you to get access to the property - maybe tell them to get stuffed at this point.

Having said that a simple phone call could avoid a lot of hassle if they try to chase you for payment.

Like Ed says, just make one call to decline and be done with it. Why prolong this?

I would send the brochure to the Dept of Fair Trading

I'm sure the brochure isn't forcing anybody to enrol. It will likely the the PM who is saying that if they don't hear that you wish to NOT enrol, you will automatically be joined. It will come out of your rent. You won't even see it.

I was always against paying for something that I've done myself for many years, but with litigation being so easy and so common nowadays, this is one thing I do pay for.

I've saved myself dozens of trips to the IPs that we manage when a tenant changes, or when we do a new lease. Now I just pick up the phone. I've been won over and happy to pay this one off fee per year per property, (tax deductible), to save myself at least one trip to each IP once per year (and often more than once per hear depending on circumstances). Not to mention having some legal leg to stand on should something bad happen (fire).

 

[Dylan33]

Wylie. I can see what you're saying and I can see this service as having a benefit to landlords. That's not my point though. I was questioning the marketing and the principle of being forced to reply to decline.
I've never come across this before. Didn't think it was allowed.
It's not a service from the Real estate either it was a glossy pamphlet included in the lease pack. I think I would be separately charged?

 

[Macca]

It is the opting in that I believe the Dept of Fair Trading would object to.

It is fine to include a brochure and recommend the service but no one can opt you into anything unless previously authorised as far as I know.

 

[wylie]

I see your point, but I reckon it is the PM who is offering you the service and whatever you have signed for them to operate on your behalf including paying tradies etc, also probably covers this situation also. So I would think it highly unlikely that the glossy brochure has anything about forcing you to take up the offer, but that the PM is taking up the service on your behalf unless you opt out.

 

[datto]

Dylan, I had an EX PM pull the same stunt on me. Worse still my EX PM tried to charge me 30 bucks for a financial year summary of Inc & Exp. Solution - note the emphasis on the EX - yep I told them where to stick it.

 

[Scott No Mates]

I'd be looking for that clause on the managing agency agreement that says "the agent can spend the owner's money as and when they see fit on such frivolous things including safety, OHS, emergency works or staff barbecues".

 

[Macca]

Hi Wylie,

I agree the PM is equally "guilty" as they chose to include a brochure from a company with this policy

"My problem is it's a compulsory offer, meaning if I don't contact the company I am automatically enrolled in their service which costs $65 per year. "

I would be sending it to DFT just for fun

 

[chilliblue]

In NSW you need to opt in rather than opt out.

Simply have your wife inform her PM that for this and all future items, she is not interested unless she gives her approval in writing and he is not liable for any costs until then.