Am I Being Unreasonable

[chilliblue]

We have had a tenant vacate one of our NSW IP's 13 months early.

This new PM (same agency) has allowed the tenant to vacate the premises with only 2 weeks verbal notice and has issued the full bond back.

The first we know about is on our rental statement.

Now considering that the tenant was already 2 week in arrears, I calculate that I have lost 4 weeks of rent (plus whatever time it takes to lease the IP) plus all the usual reletting fees.

When I emailed a please explain, I was informed that unfortunately there was a mix up and that they would persue the tenant through the tribunal at my cost.

When I informed the agency that this was not acceptable and at the very least the agency should be reimbursing me the 2 weeks short notice of rental and the rental bond to cover the damages, I was advised that my requests where unreasonable.

Obviously I will changing the agency, but do you think my request was unreasonable?

 

[wylie]

I would tell them you will take them to the tribunal to recover what they have lost through their incompetence. Hopeless!!!

 

[skater]

We have had a tenant vacate one of our NSW IP's 13 months early.

This new PM (same agency) has allowed the tenant to vacate the premises with only 2 weeks verbal notice and has issued the full bond back.

The first we know about is on our rental statement.

Now considering that the tenant was already 2 week in arrears, I calculate that I have lost 4 weeks of rent (plus whatever time it takes to lease the IP) plus all the usual reletting fees.

When I emailed a please explain, I was informed that unfortunately there was a mix up and that they would persue the tenant through the tribunal at my cost.

When I informed the agency that this was not acceptable and at the very least the agency should be reimbursing me the 2 weeks short notice of rental and the rental bond to cover the damages, I was advised that my requests where unreasonable.

Obviously I will changing the agency, but do you think my request was unreasonable?

So.....they made a mistake that has cost you money & they expect YOU to pay THEM to rectify it? What a joke!

 

[Tim86]

We have had a tenant vacate one of our NSW IP's 13 months early.

This new PM (same agency) has allowed the tenant to vacate the premises with only 2 weeks verbal notice and has issued the full bond back.

The first we know about is on our rental statement.

Now considering that the tenant was already 2 week in arrears, I calculate that I have lost 4 weeks of rent (plus whatever time it takes to lease the IP) plus all the usual reletting fees.

When I emailed a please explain, I was informed that unfortunately there was a mix up and that they would persue the tenant through the tribunal at my cost.

When I informed the agency that this was not acceptable and at the very least the agency should be reimbursing me the 2 weeks short notice of rental and the rental bond to cover the damages, I was advised that my requests where unreasonable.

Obviously I will changing the agency, but do you think my request was unreasonable?

Nope you're not being unreasonable. F*&^ them.

 

[jim1964]

^^^^^^^^^^^^^ Im with him.

 

[jenni_nextplace]

You are quite in your rights to request compensation.

The fact is they are probably in breach of the managing agreement. You could make a complaint to the NSW office of fair trading.

http://www.fairtrading.nsw.gov.au/

The agent is probably hoping you will just transfer you management to another agent.

Have you contacted their operations manager or spoken to the Licensee? It will be their license on the line for making such an error.

 

[JASA]

You are not being unreasonable at all. I have had similar experiences where the PM has made decisions without consultation with me as the owner about length of leases offered, extension of leases, bond return, weekly rental amounts. For some reason many PM's seem to forget who they are working for, feel they as PM's have absolute power in decision making and fail to consult. I had a tenant who was supposed to be offered a 6 month lease at 420/w or 12 months at 400 /w. The PM took it upon themselves to offer 6 months at 400/w but accidently gave the tenant the wrong contract to sign. The tenant inadvertantly locked themselves into a 12 month lease. The PM acknowledged it was their mistake but expected me to chase the tenant for the extra $20/ week I had lost. More recently without consulting me, they allowed a tenant to extend their lease so that it expired in the wet season which obviously would make it much more difficult to find new tenants when the lease expires, I was told by the PM "not to worry" that they would "find a new tenant easily", then when the time came they informed me that I really needed to do some renovations to help them secure the next tenant. I wanted to reach down the phone and throttle them. Changing agents doesn't always help as they all seem to have a parade of air head dolly birds and ken dolls lined up as PM's. I have had 5 different PM's on one property through they same agency over the past 5 years. It would be nice to think that you could trust your PM to make the right decision but unfortunately most are inexperienced, overconfident and untrustworthy and need to be micromanaged. What I have done now is make sure that it is very clear that they are working for me and that I need to be consulted. I make sure all discussions are in writing on email and contact the Agency Principal when there is an issue with a PM. At the very least I would ask for a written apology for the lack of consultation so you have their acknowledgement of wrongdoing. If I could spare the time and botheration and the loss were great enough, I would take legal action against the Agency.

 

[Scott No Mates]

Chili, it sounds like you are being totally unreasonable. You have provided instructions, they have not followed them, didn't seek your directions etc (as they are required to do as your agent).

 

[kathryn d]

Get them to find a new tenant, and when you have assessed all your claims, serve them court papers for compensation.
Request immediate termination of the contract with the PM

Inform them if they pay, you will cancel the hearing...and look for a new PM


I also like jenni_nextplace's suggestion

 

[pully]

not unreasonable. move your business from the agency asap. do speak with the licensee and tell them the reason for your decision. further action maybe taken to recover losses.

the pm has demonstrated at best poor judgement/incompetence or something more serious. some have had poor training and no supervision. move on to avoid more potential losses.
good luck.

 

[Tim86]

In my experience everyone, everywhere, will f*%^ up everything you get them to do for you. Which is why I self manage.

 

[Player]

You are quite in your rights to request compensation.

The fact is they are probably in breach of the managing agreement. You could make a complaint to the NSW office of fair trading.

http://www.fairtrading.nsw.gov.au/

The agent is probably hoping you will just transfer you management to another agent.

Have you contacted their operations manager or spoken to the Licensee? It will be their license on the line for making such an error.

Great advice by Jenni. In addition to this, I would have your lawyer send them a stern letter at this early stage, to set the tone of your intent in pursuing your rights.

You will need to spend some money, however you're involved with two issues here. Continued rental payment by the outgoing tenant until you have a replacement secured to your satisfaction. Indeed, verbal notice of a break-lease may mean they are actually still under lease. Secondly you need to chase up the inept PM and likely the agency for breaches.

Good luck

 

[chilliblue]

Thanks for the replies.

Had a long chat last night with the owner of the agency and he has kindly placed in writing their commitment to pay all outstanding monies by Friday as well to finalise the incoming tenant.

Yes, have already looked at leaving them, just need to sort this issue out first.

 

[wylie]

Great outcome. I reckon he knows paying you for a mistake such as this by his staff is the easiest and less expensive option .

Let's hope he gives that staffer some training in what she "should" have done in circumstances like this.

 

[jonmardell]

Thanks for the replies.

Had a long chat last night with the owner of the agency and he has kindly placed in writing their commitment to pay all outstanding monies by Friday as well to finalise the incoming tenant.

Yes, have already looked at leaving them, just need to sort this issue out first.

great result, this should have been a non issue because of their mistake but at least they have made it right.

 

[Sez]

Glad you got a good outcome. I don't think you were being at all unreasonable and as others have said - they probably know it's the cheapest option for you to pay you now before you take it further!!!

 

[ChrisA1]

Glad you got a good outcome. I don't think you were being at all unreasonable and as others have said - they probably know it's the cheapest option for you to pay you now before you take it further!!!

And the owner knows their reputation is on the line.... word of mouth is very loud