Poor Form

[Ideo]

Just want your thoughts on the current situation we find ourselves in.

We have received no written notification that our current rental is on the market (we require 14 days written notice). I had a phone conversation 9 days before the first open (see below)

We found out that the first open inspection would be at 11am on Saturday through checking out the real estate agent website at 11pm on Friday. I was only told that when inspections would be held they would be on Saturdays. No date was given. We did a hurried clean.

I arranged to work from home to tidy up prior to photos being taken. Which was orgnaised with less than 24 hours notice.

I was just called up about someone wanting to go through the place at 1pm today, when I was told that the only other inspection times would be by inspection on Thursdays

I've sold a place with a tenant in place before and managed to do it in such a way that there wasn't any issues. Actually gave them formal notice and bought them a bottle of wine to keep them sweet.

Real estate agents. This is why tenants can sometimes be hard to deal with at inspection time. I have assisted you every step of the way. How about something resembling common courtesy?

Am I being unreasonable?

 

[zepth]

If incorrect notice is provided you do have a right to refuse. If you don't stand up for yourself the selling agent will continue to make calls at the last minute and expect you to let them in.

 

[Collector]

ACT: The managing agent is required to notify in writing that the property has been listed for sale, the notice must be sent at least 14 days prior to the first inspection.

I have a couple of questions for you:

1) when did your lease start?
2) when does it end?
3) Are they selling as vacant possession or under tenancies?
4) What do you want to do? - stay - go

 

[Ideo]

ACT: The managing agent is required to notify in writing that the property has been listed for sale, the notice must be sent at least 14 days prior to the first inspection.

I have a couple of questions for you:

1) when did your lease start?
2) when does it end?
3) Are they selling as vacant possession or under tenancies?
4) What do you want to do? - stay - go

1/2) The lease started end of June last year for 12 months. There was not mention of the property being sold within that least. Therefore S.100 of the Residential Tenancies Act applies so we can hand in our 14 days notice without penalty.

3) Legally they cannot end the lease simply due to selling, so it is being sold as an existing tenant.

4) Go. I've been in there for 20 months, never missed a payment, payed for a cleaner every fortnight, had blinds professionally cleaned, been basically a perfect tenant and now am just being messed around a bit too much. Plus, have a new job which means I am a fair bit away from work so looking at moving closer to it anyway.

As soon as I find a place my S.100 notice will be going in.

I understand that sometimes an owner needs to sell. It's not an issue. What is an issue is being treated so shabbily. I'm not naming and shaming because the property manager has been great and looked after both sides well. Shame about the selling agents.

ETA - sorry, I thought you meant ACT, not the Act.

 

[gronk007]

that is outrageous..time for a name and shame...

 

[fokas]

I understand that sometimes an owner needs to sell. It's not an issue. What is an issue is being treated so shabbily. I'm not naming and shaming because the property manager has been great and looked after both sides well. Shame about the selling agents.

Always does feel better after you have a bit of a vent doesn't it?
Personally I'd be naming and shaming the selling agent if after speaking to their upper management directly to let them know that you don't appreciate the way that they are conducting themselves with regards to you, and they don't take your complaint seriously.

I'm sure we've all had our fair share of inconsiderate tenants/agents/landlords/etc that don't stop to consider the other people involved... imo trick is to not let them get to you, whilst also giving them a chance to see that they're being a ********, and a chance to change their tune. (Could just be a simple oversight afterall..although not sounding like it in your case).

 

[lizzie]

Yes - you are being treate with very poor form!

 

[Ideo]

Always does feel better after you have a bit of a vent doesn't it?
Personally I'd be naming and shaming the selling agent if after speaking to their upper management directly to let them know that you don't appreciate the way that they are conducting themselves with regards to you, and they don't take your complaint seriously.

I'm sure we've all had our fair share of inconsiderate tenants/agents/landlords/etc that don't stop to consider the other people involved... imo trick is to not let them get to you, whilst also giving them a chance to see that they're being a ********, and a chance to change their tune. (Could just be a simple oversight afterall..although not sounding like it in your case).

I feel much better after my little tantrum.

Still waiting on formal notification, and have refused the inspection today.

I'm dealing with the manager of the agency. He is the one selling the property. Assisted, it appears, by about 4 other people. In fact, ever since I told him his behaviour wasn't good enough he has had junior staff call up.

Ho hum. Pretty big lesson in how not to do business.

Kind of a waste to have helped out in the early stages (packing things away for photos, always keeping the place neat and tidy etc etc) now.

Oh - and the inspection on Saturday morning. Some filthy **** took a gigantic dump in the toilet and left smears all over it. We cleaned it that morning...

 

[Macca]

I feel much better after my little tantrum.

Still waiting on formal notification, and have refused the inspection today.

I'm dealing with the manager of the agency. He is the one selling the property. Assisted, it appears, by about 4 other people. In fact, ever since I told him his behaviour wasn't good enough he has had junior staff call up.

Ho hum. Pretty big lesson in how not to do business.

Kind of a waste to have helped out in the early stages (packing things away for photos, always keeping the place neat and tidy etc etc) now.

Oh - and the inspection on Saturday morning. Some filthy **** took a gigantic dump in the toilet and left smears all over it. We cleaned it that morning...

I would have rung the agent and told them to send a cleaner or we will move to a motel at their expense until it is cleaned !

 

[Terryw]

I wouldn't allow an open inspection because of the risk of people stealing.

 

[jaycee]

I wouldn't allow an open inspection because of the risk of people stealing.

I tend to agree.

Due to this though, aren't we the types of tenants we (not necessarily you Terryw, just saying) complain about in other threads - the types who "know their rights !" etc

 

[Lil Skater]

That's disgusting! Shame for your landlord, and PM if they've been good for you. Although, I don't know about everyone else but as a PM if a property was listed for sale it was my responsibility to serve notices in regards to the sale of the property.

And the toilet, what agent allows a stranger to use the bathroom at an inspection? Not cool.

 

[Ideo]

That's disgusting! Shame for your landlord, and PM if they've been good for you. Although, I don't know about everyone else but as a PM if a property was listed for sale it was my responsibility to serve notices in regards to the sale of the property.

And the toilet, what agent allows a stranger to use the bathroom at an inspection? Not cool.

I had a chat with the PM. She is furious as the last she heard they were just arranging to have the photos taken.

The only reason I'm not kicking up more of a stink is because of the owners. They are in a tight spot and need to sell and basically I feel sorry for them.

We're friendly with our neighbours (yeah, we're those kind of tenants that bring in the bins, chat to neighbours and help out) and went out to dinner with them last night.

No one came to inspect the place... which means the agent allowed himself to use the bathroom.

 

[pully]

sounds very unpleasent.

basic hygiene and courtesy are sadly not always evident these days.

from what you have said it may prove difficult to sell for the price they want.

it might be on the market for along time. your lease is up soon? are you actively looking to vacate?

it sounds as if your privacy is being disregarded at present. i would resent that too.

is the vendor aware of the behaviour of the agent?

 

[Ideo]

sounds very unpleasent.

basic hygiene and courtesy are sadly not always evident these days.

from what you have said it may prove difficult to sell for the price they want.

it might be on the market for along time. your lease is up soon? are you actively looking to vacate?

it sounds as if your privacy is being disregarded at present. i would resent that too.

is the vendor aware of the behaviour of the agent?

Lease isn't up until July, but will be exercising my rights under s.100 to break the lease as soon as I find somewhere new.

I understand fully the importance of a sale, and it is not so much the privacy issue - I don't mind inspections with fair warning. It's the complete disregard of basic factors of legislation.

I am not sure if the vendor is aware. No direct contact with them.

Just drafting a letter at the moment spelling out out concerns and the correct course of action as per the legislation. We are not difficult tenants. We just expect to be treated as per the legislation states.

 

[Ideo]

Update.

Application made with the CTTT.

Awaiting hearing date.

If we had had our notice of lease break accepted we would not have raised all the other ongoing breaches of legislation that they undertook.

They are also not returning rent which was incorrectly paid - 1 weeks rent ($570). That has not yet been 14 days, but it has been 9 days with no payment received.

 

[Witzl]

hope it's all going well for you.


We are unfortunately about to throw ourselves into the complete opposite situation. We have an IP that we need to sell, and a tenant who moved in about 6 weeks ago who is just awful.

We allowed her to keep 2 ferrets, under the strict condition they were NOT to be kept inside, and would be kept OUTSIDE and in a cage.

As part of the signing of the lease, there is a condition that the kitchen would be replaced (sorely needed), and when I went in with the tiler on monday to get the tiling job quoted..... i was affronted with at least 3-4 festering trays of pet litter, urine stains on the carpet, and a stench that was just offensive in every way.

... and yet, this tenant had the hide to pressure us to get the townhouse professionally cleaned for her when she moved in!!!


Needless to say, the PM is going to be doing an inspection ASAP, and will issue notice of breach of lease if the ferrets are inside.

Hopefully after that, and after we issue notice of intention to sell, she decides to leave.

if she doesnt leave, we fear that her prescence (and the stench) will affect our sale price to the tune of $10,000-$20,000.