Can I recover my property management file?

[Raddles]

Hi there
just wondering if those property managers out there could give me some information.

I note that we are in the process of terminating an agency relationship in Canberra - and have been sent a few items of correspondence from the file (which would have at least 2 years of information on it).

I have contacted the property manager and required the return of all our information relying upon privacy legislation and also referring to aspects of the agency agreement (which doesn't really specify what happens to our file upon termination of the relationship).

I note when we have previously had to terminate agency relationships - the agents were initially reticent in handing over the file - but when we insisted - we did have our whole file delivered to us.

I do think it necessary to have the whole file - because we do need a complete record of maintenance on the property - what keys have been handed to the tenants - as well as bond information etc.

What do others do in this situation?

 

[Burbs]

Perhaps a different approach is needed here? Instead of asking for the "whole file", send them a detailed list of exactly what you want. It would be hard for the agency to decline to send specific pieces of information, such as:
. Tenancy Application Form
. Database check printouts
. Tenant ID
. Lease agreement
. Bond Application Form
. Confirmation of Bond Lodgement Form
. Any bond variation forms
. Property Condition Report
. Key handover form
. Routine Inspection Reports
. Work orders for past twelve months
. Any breach or termination notices issued.
. Transaction history

Regards,
Burbs

 

[Xenia]

You should have been sent copies of whatever was in the file anyway. If not you have a right to at least have a copy.

The pm company would need to keep a copy also for their records because you were in their books at some stage.

 

[Raddles]

Hi there
in the letter we have sent we have itemised some of the information that was provided that we want returned (for example we scanned in all the user books for appliances and sent a copy to them on CD ROM) and we particularly want details of the keys handed over and held.
There is no dispute between the parties and there is not any legal action likely. The material they hold is likely to just be destroyed. Yes we have received information from their office but would still prefer that our information - which they have no further need of is returned to us.
thanks

 

[lizzie]

i doubt you'll find the info will be destroyed - by law companies are required to keep all paperwork for a period of (i think) 7 years. one reason why storage sheds do such booming business.

therefore the agency will need to keep a copy of your entire file for the next seven years - so either they photocopy it for you, or for themselves.

 

[Raddles]

Hi there Lizzie
I am not aware of any requirements which would necessitate a private business to keep records for 7 years - there is an obligation to keep taxation records for 5 years but that is not relevant to this situation.

Most organisations do have policies about how long they retain records - people in the medical profession do keep records for longer periods - but I would think it is more related to any liability issues.

As I highlighted - there is no issues with the property manager. We are terminating the relationship because of a potential conflict of interest as we are in dispute with a builder and the property manager has connections to that builder.

I would have thought more people might be concerned that their records are held by an organisation with which you no longer have any connection.

thanks

 

[Bargain Hunter]

Although the PM may have the records and they should release at least copies of the information at the end of the day if they do not hand it over then take them to tribunal.

 

[crest133]

Since you paid the PM to act on your behalf for a period, and therefore you are partly liable for all those actions, you should have the right to be provided with copies of everything in the file.
cheers
crest133

 

[Raddles]

Hi there
just an update that we have now received further information from the PM.

The items we particularised like the CD Rom and the key details we did get and also some photos of the property and some of the original agreement details.

We haven't got everything from the file - but now have sufficient information to be able to either manage the property ourselves or pass the details to a new manager.

Thanks to all who made comments - it is very useful to be able to vent issues with people who have similar property interests.

 

[RentMaster]

I suspect the reason the PM companies are reluctant to hand over their documents is more because they are lazy/busy than anything else. It takes time for them to photocopy and package and post the information. If there is no more revenue to come from you as a customer, where is the motivation.

But one would think that it is a good PR exercise to just provide the information on the first request. Good to hear it worked out alright in this case.