Newbie, first investment property - renting out a house in Cairns since Nov 2011 at $380pw. Appointed PM who charges 8.5% + $6.99pm admin fee.
Problems to date include careless omissions in original agreement, days 'missing' on statements (no rent charged), tenants in arrears since December, failed to pay water bills (I have WELS), failed to comply with payment plan, ignore repeated requests to remove pest plants from yard. Only inspection report had no date on it, arrears notice had ???? for date and ???? for amount. PM just seems to send text messages, automated emails and routine letters. PM took until May to establish that tenant had surgery in Jan and was struggling with bills. I believe tenants realise PM will not do anything but send automated reminders.
Last email to PM three weeks ago has not been responded to. Should have changed PM ages ago but I have been overseas months at a time = too hard basket.
A week ago I sent a three-page typed letter outlining my concerns to the PM (owner of the agency) as emails and phone calls are ineffective. No response to date. Next step is to hand deliver letter to him when I am in Cairns or send registered.
Questions:
- If I change PMs do I pay another letting fee/contract fee to new agent even if the tenants are the same?
- Under changes to Aust. Consumer Law from Jan 2011 am I entitled to claim a refund of the management fees (8.5%) from the PM?
According to Office of Fairtrading Queensland there are three consumer guarantees:
1. Services will be applied with due care and skill.
2. Services will be fit for their specified purpose.
3. Services will be completed within a reasonable time.
As the PM has failed to provide effective management services am I entitled to cancel the contract and request a refund as OoFT suggests?
I plan to notify the PM in writing (delivered in person or registered mail) of my intention to cancel the contract and to claim a refund.
Any advice or previous experience? (Other than take it on the chin and move on!)
TIA, Cam
Problems to date include careless omissions in original agreement, days 'missing' on statements (no rent charged), tenants in arrears since December, failed to pay water bills (I have WELS), failed to comply with payment plan, ignore repeated requests to remove pest plants from yard. Only inspection report had no date on it, arrears notice had ???? for date and ???? for amount. PM just seems to send text messages, automated emails and routine letters. PM took until May to establish that tenant had surgery in Jan and was struggling with bills. I believe tenants realise PM will not do anything but send automated reminders.
Last email to PM three weeks ago has not been responded to. Should have changed PM ages ago but I have been overseas months at a time = too hard basket.
A week ago I sent a three-page typed letter outlining my concerns to the PM (owner of the agency) as emails and phone calls are ineffective. No response to date. Next step is to hand deliver letter to him when I am in Cairns or send registered.
Questions:
- If I change PMs do I pay another letting fee/contract fee to new agent even if the tenants are the same?
- Under changes to Aust. Consumer Law from Jan 2011 am I entitled to claim a refund of the management fees (8.5%) from the PM?
According to Office of Fairtrading Queensland there are three consumer guarantees:
1. Services will be applied with due care and skill.
2. Services will be fit for their specified purpose.
3. Services will be completed within a reasonable time.
As the PM has failed to provide effective management services am I entitled to cancel the contract and request a refund as OoFT suggests?
I plan to notify the PM in writing (delivered in person or registered mail) of my intention to cancel the contract and to claim a refund.
Any advice or previous experience? (Other than take it on the chin and move on!)
TIA, Cam
