Anyone took their PM to tribunal before?

[kennyboi]

Follow on from here, my sacked ex-PM still has not remitted bond payments back to me and ignored my requests to do so. Fair trading advised bond was released to them on 23/12. I currently lodged fair trading complaint at the moment, but I may need to take them to tribunal to get it back.

So, I am wondering if anyone took their PM to tribunal and how it went?

Also, if I am taking this tribunal path, I might as well try to claim for partial refund on fees paid but service not provided. I wonder how to work out how many % of paid management fee to claim?
- Did not attend to repair quote request until 5 months later
- Did not do entry condition report on a transferred lease.
- Did not notify rental arrears
- Told me at one time that rent is paid up when EOM report later shows otherwise.
- No detailed periodic inspection since 2/2013

Thanks

 

[Xenia IM]

I take it you are a landlord not a tenant to this company?

The tenancy tribunal does not deal with business disputes between landlord and agent.

Try a magistrates court.

 

[thatbum]

The tenancy tribunal does not deal with business disputes between landlord and agent.

Try a magistrates court.

In NSW I believe the civil jurisdiction is in the same tribunal as the tenancy jurisdiction

 

[kennyboi]

I take it you are a landlord not a tenant to this company?

The tenancy tribunal does not deal with business disputes between landlord and agent.

Try a magistrates court.

Yes, I am the landlord. I thought the tribunal isn't limited to just tenancy issues?

 

[Xenia IM]

Sorry my mistake if they do both in NSW.
I assumed they were different courts.

You may want to get a legal letter sent first though, they may respond to that!

 

[elsLan]

In Victoria the residential tenancy tribunal deals with tenant/landlord issues.
It operates under Victorian civil and administrative tribunal which includes building matters and civil disputes but in this case it would be a magistrates court case as not paying you your monies would require a legal order that only that court can enforce and issue warrants for. Not paying you is similar to theft when withholding trust monies that don't belong to you.
If you're in nsw, I would first lodge a complaint with REINSW particularly if they are members.

 

[thatbum]

In Victoria the residential tenancy tribunal deals with tenant/landlord issues.
It operates under Victorian civil and administrative tribunal which includes building matters and civil disputes but in this case it would be a magistrates court case as not paying you your monies would require a legal order that only that court can enforce and issue warrants for. Not paying you is similar to theft when withholding trust monies that don't belong to you.
If you're in nsw, I would first lodge a complaint with REINSW particularly if they are members.

Just no. That's not how it works.

Its nothing to do with enforcement yet and REINSW aren't there to get your money back.

 

[DEC]

I am looking into this in QLD
PM actually sacked me when I demanded after several warnings over several weeks re. an empty property that they do their job and manage.
I was ready to leave anyway, had done my homework and was signed up with new PM within a few hours (They had property rented within a few days) which I think shocked the old PM as they became quite vindictive when asked to supply all paperwork and pictures to the new PM. I think they expected I would grovel back to them.

Now we find out that inspection reports incorrectly filled out and signed off by staff who haven't worked there for years.
Mostly poor quality inspection photos without date stamps so I suspect we were sent ones several years old.
Pages of lease missing.
General mayhem and poor ledger keeping
No records of breaches that were supposedly sent and the list goes on.

We had put up with some slack service because the management fee was low but enough was enough.

Current PM has indicated that it is possible to claim 3 years management fees and I would probably get it seeing as they have been so slack.

Office of fair trading is who we need to go through in QLD apparently.

 

[elsLan]

Just no. That's not how it works.

Its nothing to do with enforcement yet and REINSW aren't there to get your money back.

Um yes that's how vcat works in relation to the residential tenancies list.

If you look up agents failing to forward owners monies from trust accounts (recent cases) it's a criminal matter and magistrates court has made the rulings.

http://www.rpmonline.com.au/news/13287-illegal-agent-fined-over-incorrect-trust-accounting
If they won't pay the best avenue is to bring the matter before the court where you will get a legal order instructing to pay and repercussions for the agents behaviour.
Nswrei will usually assist if the agent is a member. They will legally advise the agent their obligations.

 

[kennyboi]

If you're in nsw, I would first lodge a complaint with REINSW particularly if they are members.

Thanks for the tip. I told them a complaint with fair trading/REINSW is forthcoming and my bond payout is in my account the next day! Not sure if it worth the effort to chase up management fee refund now... possibly write it off.

 

[elsLan]

Fantastic. All they needed was a nudge.
At least you got the bond. Maybe cut your losses to save the headache as they are obviously unprofessional and not work the effort.