Advice on negligent agent please

[Riasta]

Hi
Hoping someone can help with ruling or precedence on an issue with an agent.

We have a rental property in VIC, and late last year gave tenants 120 days notice to vacate. The tenant vacated about a month before this advised date, and provided 14 days notice to the agent.

However, the agent never advised us of this. We only found out when we changed agents (for a variety of other reasons) 1 business day before tenants vacated, when the new agent informed us.

Property Manager claims they advised of the tenant's intention over the phone. We didn't even receive a phone call on the day claimed. In fact during the time claimed we were in contact with the agent via email regarding a bathroom renovations quote. Nothing was mentioned via email.

QUESTION: Is there anything specific that rules how a Property Manager must inform the landlord of a tenant's notice to vacate? We would have expected it would need to be in writing.

Thank you

 

[Terry_w]

QUESTION: Is there anything specific that rules how a Property Manager must inform the landlord of a tenant's notice to vacate? We would have expected it would need to be in writing.

Thank you

First thing to do is to check your contract with the agent.

 

[Xenia IM]

landlords can be informed by phone call or email.

You changed agents in the mean time so the old agent can't even be given the opportunity to rectify anything that was done.

Not knowing appropriate laws, did tenant advise the correct time to vacate?
what was the loss?

No time to advertise between tenancies, higher vacancies?
what was caused by them not advising you of the tenant's intention to move out earlier?

 

[Xenia IM]

also, was the old agent given the go ahead to advertise for a new tenant before the old one vacated? Or was the new agent going to do that.

what were your instructions to the agent at end of lease?

Yes they should have told you immediately of tenants intentions to vacate.

 

[elsLan]

Huge break down in communication.

Sounds like they forgot to tell you about the return notice by the tenant.
They should tell you via phone or email as soon as they recurve notification of the vacate date.
Perhaps it wasn't a priority for them as they weren't going to be managing anymore for you.
Regardless there's obviously a reason you changed agents and this adds to it!

Not much you can enforce and there is no legislation that refers to any requirements for advice to the landlord.
Unfortunately it's a case of cutting your losses (vacancy) and saying see ya!

 

[SeafordSunshine]

Agent code of conduct

If you had the time , perhaps see if you can find the
Agents Code of Conduct,
I am sorry, but I don't know what the Victorian (assuming that's where the agent is) and post in here for us all to see.
We get so many queries about agents, acting in ways which appear doubtful, clarifying it for yourself and the rest of our readers would be a Great thing!
I hope this helps,

 

[evisional]

Estate Agent code of conduct (VIC):

Code of conduct