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Hey X
You could certainly try, but if you took it Tribunal I'd assume you'd lose.
The tenants simply moved out on the date that all parties agreed to on the legal document (lease).
These are not nice tenants. The admin error is obvious - the lease documents would have been standard residential lease not a fixed short term lease.
The lease term is also stated on other documents - application forms, bond forms etc....
I would treat it as a lease break situation - I would be taking this to tribunal and fighting it out!
You may or may not win but I would certainly be giving this a go through the legal channels.
I would not be releasing their bond until there is a tribunal order to do so!
List this one on tica also - and mark it down as a file note on the pm software so it pops up whenever there are future reference calls for these tenants.
These are not nice tenants. The admin error is obvious - the lease documents would have been standard residential lease not a fixed short term lease.
The lease term is also stated on other documents - application forms, bond forms etc....
I would treat it as a lease break situation - I would be taking this to tribunal and fighting it out!
You may or may not win but I would certainly be giving this a go through the legal channels.
I would not be releasing their bond until there is a tribunal order to do so!
List this one on tica also - and mark it down as a file note on the pm software so it pops up whenever there are future reference calls for these tenants.
Had the same admin error been done on a 12 month lease - the lease would have ended the day before it began.
Ie 20/2/15 - 19/2/15.
And no leases do not travel above the speed of light - no relativity or time delay involved so it's obvious that it was an admin error and the intention was to have it for 12 months not minus one day.
Would an admin error on a 12 month lease then void the lease?
The intention on the 13 month lease was to use an obvious error to break a contractural agreement without penalty.
If one does not make sense then the other one wouldn't either.
I would take to tribunal not only for the client but for my own curiosity and interest.
And I would do it out of pleasure not charge.
I'm not suggesting the current pm do that - everyone operates differently. But I would certainly be labelling the intention behind it in a public tribunal!
If I lose, I lose - it would be a fun debate either way!
Just a quick update on this:
The PM (Russell @ Pure Rentals) has decided they won't be compensating for the loss of 4 weeks of lost rent ($1,337) or the loss due to the decrease of rent ($1,250) = Total $2,587
They will however waive 6 months of their own management fees totaling $687 + letting fee
What would you guys do in this case if you're not happy with the PM's final decision?
Is there a government body/tribunal that can hear the case or is my best option just to cut the loss of $ and time and change PMs?
Can we just recap what has transpired here?
1) Lease was due to expire so PM arranged a renewal
2) Tenant agreed to the renewal and stayed in property
3) Tenant exits property after a month as lease accidentally had wrong date on it
4) PM re-advertises property using photos prior to property being renovated
5) New tenant / lease is secured at less rent than previous one.
6) Compensation offered is for the letting fee and 6 months PM expenses.
Correct me if I'm wrong on any points?
Investors want fair rates with outstanding service from property managers
Just a quick update on this:
The PM (Russell @ Pure Rentals) has decided they won't be compensating for the loss of 4 weeks of lost rent ($1,337) or the loss due to the decrease of rent ($1,250) = Total $2,587
They will however waive 6 months of their own management fees totaling $687 + letting fee
What would you guys do in this case if you're not happy with the PM's final decision?
Is there a government body/tribunal that can hear the case or is my best option just to cut the loss of $ and time and change PMs?