Opinion on property manager's liability

[the.j]

Hi all,
A question to the armchair lawyers - and maybe real lawyers !?
PM accepts management of property and receives keys of property on behalf and for absent landlord. PM performs property condition report and leaves aircon running. For various reasons property not letted until 1 month later.
Who pays $1100 electricity bill? Property in WA...

Thanks :-/

 

[thatbum]

Is the bill directly from the air con being left on? 100% of it?

 

[CHAOS]

The person whose name the electricity bill is in. We only connect power in our name on an IP if we need it to complete renovations. Otherwise previous tenant notifies the power company on vacating and new tenant is responsible for organising power when they move in.

 

[mattysavager]

PM performs property condition report and leaves aircon running. For various reasons property not letted until 1 month later.
Who pays $1100 electricity bill?

You could try to settle with the real estate agency, or ask them to waive fees until the cost is recouped.

The Owner was foolish to leave the power on at the property, as tenants are used to looking at properties without power.

Having said that, the agent made a mistake and whilst possibly not liable at law, the agency might value the relationship and business enough to cover it.

Matt

 

[fokas]

The Owner was foolish to leave the power on at the property, as tenants are used to looking at properties without power.

Interesting how a property manager for a rental that I was vacating wase quite annoyed when they realised that my housemate had switched off the electricity the day after our lease ended.... they 'didn't have enough light to check if the laundry was cleaned!'.....on a sunny morning...with white tiles/white walls..with natural light coming in.

ETA: I thought it was common practice to just take your name off the electricity bill when vacating a property (so the electricity is still officially connected) and the next person avoids having to pay a re-connection fee, and just gets it put into their name? Of course, I'm not quite sure who pays for the residual costs in between but most likely they would be minimal..no?

 

[wylie]

The Owner was foolish to leave the power on at the property, as tenants are used to looking at properties without power.

Wouldn't the power be in the name of the vacating tenant, and not the owner?

... assuming the owner has not taken on the power into their own name to do a renovation (which we sometimes do if we need to get work done between tenants)...

If tenant has had meter read, who would be liable for power used? I doubt it would be the owner, as the account is not in the owner's name?

If the outgoing tenant failed to ask for a meter to be read and a final account, wouldn't this be something for the outgoing tenant to sort out with the PM?

 

[Terry_w]

Whoever has the connection would be liable in the first instance. They could then make a claim against the person who caused the loss.

 

[Tom Ipswich]

Very frustrating when tenants disconnect power immediately afterwards. Makes exit reports difficult and you never find out about blown light bulbs! There is no requirement for them to leave power on though.


I think you'll find that you are directly responsible for paying the power bill, but if you were to pursue the matter further it is plausible that the Agency would be forced to take responsibility for the costs.
If they want to keep your business they will pay the bill, and I would absolutely not stay with them if they were not willing to contribute generously at the very least.

 

[Scott No Mates]

Did the agent not do inspections over the month? Why wasn't it picked up?

Some power companies disconnect the power so there is no connection when a tenant leaves other like Energy Australia leave it on and do a final reading.

 

[lee.omare.com.a]

In NSW the agent would likely be liable for a breach of the property stock and business agents act for not exercising reasonable skill as an agent. Not sure about Perth's laws though. Cheers