Is PM breach and notice of termination dates/action reasonable?

Discussion in 'Property Management' started by paguatao, 15th Feb, 2013.

  1. paguatao

    paguatao Member

    Joined:
    24th Jan, 2007
    Messages:
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    Location:
    Perth, WA
    Well we're going through the merry roundabout of evicting tenant and being out-of-pocket again. Do you think these notices sent by my PM were within a reasonable timeframe? Like I said before, I'm always having to chase them up...

    End of October rent statement - tenant paid up to 13 Oct only ($600 credit)
    End of November rent statement - tenant paid up to 10 Nov ($270 credit)
    End of December rent statement - tenant paid up to 8 Dec ($50 credit)

    Breach Notice form 21 dated 21/11/2012
    Termination Notice Form 1A dated 20/12/2012

    Emailed PM 3 Jan to find out whats going on - no reply
    Rang a week later and told notices had been sent
    Emailed PM 17 Jan to find out whats going on - no reply!!!

    Tenant vacated 24/1/2013 (according to rent arrears statement)

    I haven't been happy with their service for a long time, but my agreement with them ends April 2014.

    I've read my agreement and note that I can terminate within either 28 days (written notice) or without notice, if Agent fails to perform obligation or breaches agreement, BUT ... I don't see where the agent has to notify owner or tenant within a certain time period?? (5.3.14, 5.3.15)

    I think I would like to give written notice if I can ... I'm tired of playing this chasing game. Can anyone recommend good PM in Kwinana area? Or, if you don't use a PM in the local area, does it make any difference?
     
  2. HD_ACE

    HD_ACE Game-Changer

    Joined:
    13th Sep, 2011
    Messages:
    1,487
    Location:
    Perth
    hi there

    I would expect a notice to be sent on the14th day of arrears, followed by an email or phone call to myself explaining the situation. Not to have to find out via rent statements.

    It is usually the companys policy when rent arrears notice will be sent as 14 days is the minimum so it should be the norm an in your contract?

    the tricky bit is if they pay 2 weeks in adavance, then its a month before they are more than two weeks in arrears.

    by the looks of it 14 days after 13 oct I would of expected the notice to be sent, not in nov.

    if your not happy give them the 28 day written notice or ask to terminate immediatly.

    cheers
     
  3. Lil Skater

    Lil Skater Member

    Joined:
    28th Oct, 2005
    Messages:
    2,323
    Location:
    Melbourne
    I don't know the WA laws... But I'll ask a few questions anyway..

    How much is rent per week?

    Say in Vic $300pw property, paying monthly. Paid to 31st of Jan with $600 in credit, they're actually paid to 14th Feb, and therefore a notice to vacate cannot be served until the 1st March, as that is when they are 14 full days in arrears.

    However, regardless of whether the PM has acted in an appropriate time frame or not, if you're not happy terminate the management.