Hi all,
I am hoping that someone will be able to provide some advice on my current situation. I have an IP in Ipswich QLD and it is being PM by Run Property.
I have been interstate for the past 3 years and have just moved back to South East QLD and I went out to the property to inspect it a few weeks ago to have a look at what improvements I could do to add value.
I was horrified to see the state of the property. The tenant has trashed the place. I need to rip out the kitchen as it is infested with cockroaches, replace the deck and fix other issues with the property. The property was inspected at the start of December and the inspection report from the PM does not reflect what I have seen. I have asked the PM for a signed copy of the condition report from when the tenant moved in but the PM cannot produce this. Also the PM has gone and got the tenant to resign the lease for another 6 months without first contacting us. They said that they sent a letter to us and if they do not here from us at all the automatically resign them.
Another Issue I have is the tenant paying for water usage. In QLD the tenant has one month to pay. The PM is not enforcing this with the tenant and is telling me that she can't make the tenant pay for the bill. It is stated in his lease and he is now 60 days overdue. The property has all the correct water saving devices as required.
In Part 3 Special terms paragraph 23 of the lease agreement it states the following about the tenant paying for the water.
‘The Lessor and the tenant/s of the aforementioned property, hereby agree that after 1st April 2008 the lessor will be responsible for the payment of all future Water Access charges and the Tenant will be responsible for the full cost of ALL water usage at the property provided that the property is fitted with the required water saving devises and is separately metered. It is noted that after 1st April 2008 this clause will over ride all other clauses regards reasonable water usage if the property is fitted with the required water saving devices and is separately metered. Should the property not be separately metered or not be fitted with the required water saving devices then the lessor will be charging the tenant for water usage beyond the nominated reasonable water usage.’
I have a few questions I need advice on:
1- What is the best way evict the tenant?
2 - Can a FORM 11 - Notice to remedy breach be issued because of the non payment of the water charge?
3 - What can I do about the PM?
4 - What can I do about the tenant living a pig sty and trashing the IP?
Any advice will be greatly appreciated.
I am hoping that someone will be able to provide some advice on my current situation. I have an IP in Ipswich QLD and it is being PM by Run Property.
I have been interstate for the past 3 years and have just moved back to South East QLD and I went out to the property to inspect it a few weeks ago to have a look at what improvements I could do to add value.
I was horrified to see the state of the property. The tenant has trashed the place. I need to rip out the kitchen as it is infested with cockroaches, replace the deck and fix other issues with the property. The property was inspected at the start of December and the inspection report from the PM does not reflect what I have seen. I have asked the PM for a signed copy of the condition report from when the tenant moved in but the PM cannot produce this. Also the PM has gone and got the tenant to resign the lease for another 6 months without first contacting us. They said that they sent a letter to us and if they do not here from us at all the automatically resign them.
Another Issue I have is the tenant paying for water usage. In QLD the tenant has one month to pay. The PM is not enforcing this with the tenant and is telling me that she can't make the tenant pay for the bill. It is stated in his lease and he is now 60 days overdue. The property has all the correct water saving devices as required.
In Part 3 Special terms paragraph 23 of the lease agreement it states the following about the tenant paying for the water.
‘The Lessor and the tenant/s of the aforementioned property, hereby agree that after 1st April 2008 the lessor will be responsible for the payment of all future Water Access charges and the Tenant will be responsible for the full cost of ALL water usage at the property provided that the property is fitted with the required water saving devises and is separately metered. It is noted that after 1st April 2008 this clause will over ride all other clauses regards reasonable water usage if the property is fitted with the required water saving devices and is separately metered. Should the property not be separately metered or not be fitted with the required water saving devices then the lessor will be charging the tenant for water usage beyond the nominated reasonable water usage.’
I have a few questions I need advice on:
1- What is the best way evict the tenant?
2 - Can a FORM 11 - Notice to remedy breach be issued because of the non payment of the water charge?
3 - What can I do about the PM?
4 - What can I do about the tenant living a pig sty and trashing the IP?
Any advice will be greatly appreciated.