PM 'Steals' my keys

To keep it brief:
Agent not performing for the last ~12months (been using them for 4 years, never had a rent increase, but it was good anyway).

In this time they have only been 'reactive' - I've had to contact them to find out why tenants have not resigned lease agreements, why they haven't paid rent, why inspection reports mention rubbish lying around, when they will pay next and to tell them to evict the tenants.

After they moved out (agent cannot confirm the actual date) there is no exit report, but 50 odd photos showing dog damage, junk left behind etc, etc - that was late November last year and property is still vacant.

Since they moved out, I've spent $15k on repairs and some tree removal plus nearly $5K in rent. The property has been ready for rent since Aust day weekend and they've only presented 2 tenants.

I sent an email asking to take over the property myself and they agreed straight away, then realised there were some unpaid invoices and emailed back saying 90 days notice.

I replied and said I would pay the outstanding into their trust account that day if they could terminate the agreement within 24 hours. No repsonse for 24 hours so I rang the owner of the business (That's Property).

When I suggested they were under-performing, she got angry and hung up on me, I rang back several times stating who I was and each time the phone just slammed down. This is poor customer service imho and totally unacceptable.

After some emails she seemed to calm down and said if I paid the bond money to them she would release me from the agreement. Which I will do tomorrow as long as she signs the bond monies back to me on the RTA form 5.

However, I went to the property yesterday to show new agents through and That's Property had taken their key box and my keys away, whilst we still have an agreement (although a rocky one).

My question is: Is this legal?

I have several other rentals and never come across this before, thank god!

I'll be glad to see the back of this agent and certainly would not recommend them to anyone.
 
Thanks, yeah already arranged. I'm not going to argue with them just glad to get rid of them. It can't be legal though surely?
 
It's not illegal to take the keys away from the key box, but you would have paid for the keys to be cut, so they are your property and should be returned.

It boggles the mind that the owner of the business would hang up on you. I very infrequently hang up on people (and only when they are extremely abusive, which I'm presuming you weren't).

What bond money are you talking about? An owner would never have cause to pay a tenant's bond to an agency. Do you mean something else?
 
It's not illegal to take the keys away from the key box, but you would have paid for the keys to be cut, so they are your property and should be returned.

It boggles the mind that the owner of the business would hang up on you. I very infrequently hang up on people (and only when they are extremely abusive, which I'm presuming you weren't).

What bond money are you talking about? An owner would never have cause to pay a tenant's bond to an agency. Do you mean something else?



I agree! That bond money should have gone towards paying for the damage. The business owner doesn't know what they are Doi g if theyr hanging up on a client. I hope u get the bond money as it is rightfully yours , the only thing the agency will loose is % of rent for the 90days notice and ofcourse your business.
 
90 Day management fees from the weekly rent that is currently $0pw = $0

call the office of fair trade and have a chat to them.

after you confirm that as the property is vacant, there are no management fees to pay out.

send them an email asking them to hand over the keys and that before responding to the email, they should call the office of fair trade as well as speak to the agency's principal regarding this matter.

please explain about the bond as this doesn't sound right.

happy to help if you need a hand
 
Russell,

FYI and other QLD owner thinking of changing their agent. I spoke to the office of fair trading in this situation when I was taking over a vacant property from another property manager several months ago that wanted their 90 days notice.

Even know the property was vacant the Office of Fair trading informed me that that IF we took the property over and rented the house out the owner is liable to pay double commission should the current manager choose to pursue issue.

We took the chance took the house over for the landlord and nothing happened. But as far as the law states (from what I was told) the commission is still payable during the notice period even if the property is vacant.
 
Back
Top