PM won't transfer before term. expiry

S

sunshine

I am changing one of my PM's in NSW. I have already given them notice.

I want my new PM to take over a couple of these IP's ASAP, I am willing to pay their fees as well as pay old PM's fees to expiry date.

New PM - no problem let's do it. Existing PM says no way we will be handing them ALL over at expiry date.

I am a bit peeved by this and need some advice as to which way forward please.

Sunshine
 
Contact the Licensee of the business and advise them that you are their client and if they do not follow your written instructions with the next XX days, you will be attaining legal advise which all costs will be forwarded to their office for payment.

Further, clarify that you are willing make good on the terms of the existing contract with.

Be firm and stand your ground.

Communication should work.

Good luck.
 
yeah do what chillliblue said...

Can't possibly...

It's company policy...

There is no other choice....



oh wait a minute.....
 
Its sad when people cannot see the forrest for the trees. While the agreement is basically a contract, when the relationship has ended, why then fight to extend it any longer than necessary. Fight to rectify any problem when it occurrs, and try to keep the LL, but when the decision is made, its time to be accepting. Good luck with the Licensee. I suggest approaching in polite terms. Honey vs vinegar.
 
Thanks everyone for the replies.

Unfortunately it was the Licensee who said no. The reason being is that my PM is away and due back mid next week. Hmmm.

I have spoken to the Dept Fair Trading and they have said that it is contractual and basically that they don't have to. I even discussed if the contract was breached and the advice was that the notice period still had to prevail (unless mutually agreed). I learnt something new there!

Haven't been down this road before. I usually give notice and they are glad to be rid of me. ;)

7th Feb is when the agreement ends. I want these 2 IP's under new management to get the tenants sorted before the "new" Tenancy Laws come into play.

Tomorrow is a new day and I shall try a new tack.

By the way, Peterw, no one from this Agency has contacted me to find out why I am leaving or has asked me to stay.

Sunshine
 
Is the agency a franchise because if so go up higher the food chain.

Try your states Real Estate Institute and see if the Licensee is registered with them. If so, you make a complaint there.
 
In my experience most LL's don't give notice. I also believe they shouldn't have to.

Get new PM to send them a fax saying they will be picking up the files 2 days from the day sent, then send the hard copy in the post.

Too bad if the PM is away, it's not your problem. We've lost a management when the PM was on holidays, guess what - I got the files ready and left our one's on her desk with the letter and archive form. Needless to say she wasn't too impressed her first day back in the office.
 
Sunshine

There could be numerous reasons why they want to hold on to end of contract but there is only 1 reason that counts and that is there is a contract in place and YOU signed it. It's amazing that a contract means so much to people until it inconveniences them. This is why when you sign it in the first place understand what you are signing.

With your new PM did you cross out and initial this exact clause and change it to 28day/2 weeks etc.

They may view this as it inconveniences you and it looks like it has, so just accept it and you will be gone from them in due course.

Jezza
 
NataleaK said:
In qld there's a minimum 30 day notice period. The standard contract has it at 90, so you should always cross that out and write 30.
Click to expand...

Is that in the legislation, or is that just what the agents say?

If it's in the legislation that's a little bit stupid. If you've employed someone to carry out a service for you and their not doing it, why shouldn't you be able to just take your property without notice? If you don't do your job right, you get fired without notice - This is the same thing.
 
NataleaK said:
It's legislative that an ongoing appointment can not be terminated with less than 30 days notice.

see s114(4)(b) of the property agents and motor dealers act 2000 (qld)
Click to expand...

Who would've thought, state by state rules are funny things. I still think that if someone's not doing their job right you shouldn't have to give them notice.
 
Lil Skater said:
Who would've thought, state by state rules are funny things. I still think that if someone's not doing their job right you shouldn't have to give them notice.
Click to expand...

If you get fired from your job and walked by your employer the same day you are most likely going to be paid out your notice period by them, unless your contract says otherwise :)
 
BuildingBlocks said:
If you get fired from your job and walked by your employer the same day you are most likely going to be paid out your notice period by them, unless your contract says otherwise :)
Click to expand...

Depends what the reason is, I suppose. But I must admit, I didn't think about that part, good point. :)

Paying out the contract is one thing, but holding the property until the end of the contract date is a bit extreme. Surely you'd just get the fund you're entitled to, as part of your contract, and move on?
 
BB, Lil S, yes, contracts are contracts. Employment contracts usually allow for the payment in lieu of notice periods. I have not seen a "Management Agreement:" that covers tha payment of fees in lieu of notice. So, IMO, the parties are bound by the time of notice. Remember it goes both ways. I do agree however, when the relationship is not working, what is the sense of "driving" it further. Hey, it this the worst thing that can have happened?
 
Peterw said:
BB, Lil S, yes, contracts are contracts. Employment contracts usually allow for the payment in lieu of notice periods. I have not seen a "Management Agreement:" that covers tha payment of fees in lieu of notice. So, IMO, the parties are bound by the time of notice. Remember it goes both ways. I do agree however, when the relationship is not working, what is the sense of "driving" it further. Hey, it this the worst thing that can have happened?
Click to expand...

I agree, thought I never thought of the worker getting notice i their contract either.

I especially agree with the bolded part. Which is why some employers say here's your 4 wks pay don't worry about showing up, cut the loss and move on seems to make sense.

How much 'work' is there to do to hand over from one agency to another ? Perhaps no one wants to do the PM's job while they are away.
 
jaycee said:
How much 'work' is there to do to hand over from one agency to another ? Perhaps no one wants to do the PM's job while they are away.
Click to expand...

Not much, a few letters (one to tenant, landlord and new agency) some photocopying of the leases, condition report, bond form etc. A couple of forms to fill out, throw it into an envelope with some keys then archive the property and delete it from the system.

Takes, maybe, 15 mins depending on how long the tenant has been in the property, although even then it's pretty straight forward stuff.
 
Lil,S, for a competant PM like you, yes the hand over is easy and a breeze. I think the OP said the PM was away, and the licencee was not certain on the proceedure. Not a good excuse, however from what I have observed over the years, not unusual. Hey, let me know if you want to move to the Sunshine State, or should I say the Flood Line State. Sick humour, sorry
 
You must log in or register to reply here.

Similar threads

T
Proactive PM or not?
Replies
19
Views
2K
MichaelGilbert
MichaelGilbert
D
What should PM fees reasonably cover?
Replies
6
Views
2K
Scott No Mates
Scott No Mates
Lawry
Strata late fees incurred because not enough $ in PM trust fund
Replies
9
Views
2K
Lawry
Lawry
DavidMc
Body Corp excessive fees relating to secure key deactivation
Replies
0
Views
1K
DavidMc
DavidMc
P
A question about Mould
Replies
13
Views
2K
crest133
C
Back
Top