Preparing docs for tribunal owner vs real estate

Hi, can anyone direct me to an example of or resource for, or outline of ways to prepare a good clear application for the tribunal? Owner vs managing real estate agent re breach of contract. Having had my property supposedly 'managed' I return to find another story - unreported damage, negligence, lack of documentation for the lease etc etc. Agent has (privately) offered return of some commission that does not go anywhere near compensating for the damage etc.
The tenant got a full bond refund from the tribunal bc agent had not done an incoming inspection report at beginning of lease, and also did not do an outgoing for previous tenant who got full bond back. One item had to be demolished as it disintegrated on cleaning, room full of mould and smell might have alerted someone who cared, certainly not the PM or the tenant. PM not acting in my interests at all, and the lot of them lying in spite of documentation from them to the contrary. Altering paperwork etc etc.
Its a mess and one I want to persist with in the commercial division of OFT, hope it never happens to anyone else. My world as a tenant and as an absent owner will never be reconciled it seems at this point.
If any of you have had experience of the tribunal and a dodgy real estate agent can you point me in the direction of some resources as I want to do a nice clear document that doesnt waste the tribunals time like the last fiasco. Where do I stand because they didnt do a proper outgoing inspection report, it got virtually laughed out of the tribunal, all attempts prior to get them to come and verify my doc with an independent witness failed, they riled me up on the due day, I got angry, they called me abusive and cancelled the arranged meeting. :( It took me such a long time to come to the realisation that they were not doing a proper and detailed outgoing report and when I finally realised durrh, that a 16 point list was IT, I wasnt satisfied that that was what was agreed in the contract with them, and they accused me of saying I was trying to make them change the report. Anyway, I am still mentally well, at times wonder about my sanity and I will be glad to see the back of this issue, its taken so much energy and time and I envy all you folks who sound like you have property managers who do their job, it was certainly what I noticed when I was a tenant and I appreciate their care. PLease help!!!
 
If the tribunal decision acknowledges that not outgoing condition report of one tenant and no incoming condition report for the next occurred then that would be basic obligations of a PM. Do you have the ingoing condition report for the first tenant?
 
all attempts prior to get them to come and verify my doc with an independent witness failed, they riled me up on the due day, I got angry, they called me abusive and cancelled the arranged meeting.

Good on you for taking them on.

Could you please elaborate as I don't understand what you are saying here.

I am surprised that they are not settling as you appear to have a clear cut case of gross neg, simply on the basis of failing to do the inward/ final reports.


On what are you basing the condition of the property prior to their management?

Cheers
 
I have never been to the tribunal for an owner versus agent senario... and hope to never do so!

However i do have ample experience with the tribunal on a agent to tenant perspective.

The Tribunal responds well to hard evidence, based on agreements.

Go through your managing agency agreement and pull out the points on the agreement which you believe the Agency has failed to fulfill.

Support your agrument with as much evidence as possible! Printed emails/letters from the agent and PHOTOS... as many photos as you can get. Make sure they are printed out clearly, signed by who took them and dated the day they were taken. Invoices & quotes.

Have a clear picture of how much you are seeking and exactly how this figure was arrived at. Saying i think it would be about $100 is no good - you need invoices and reasoning... if only part of the carpet was damaged they wont give you the entire cost of the carpet, you will only get the portion that was damaged.

You will be required to speak directly with the agent and try to come to a resolution before it will be heard by the tribunal. At this stage you need to show the agent all your evidence, so having it very orderly and concise and having two copies of everything will help. One for them, one for you... so you can look at the same things while discussing it.

Finally give the OFT a call and ask them for advice, they are very helpfull and will be able to give you much more information on how to build a good case.
 
This may help



You can get the transcript from the tribunal hearing (no inspection reports) and use that as evidence in a case against the agent.

You can also search previous tribunal case files to see how others went in a similar position to you (see link above).


In order to take matter the tribunal you must be able to prove neglect (seem this is the easy bit) and you must be able to be able to prove damage (cost of repair to property via receipts and invoices).
 
Wollemi thanking you for your responses

Hi, thank you for responding, and the practical and clear info you all gave helps me to organise the paperwork. I think the transcript of the previous hearing is also a wonderful idea as it was there that the tribunal member made some rather straigthforward and not too flattering comments about the inadequate paperwork by the agents.
The real concern is (as happened with the tenant) the property condition reports are deemed a key document for evidence/determination, when I realised (Handy Andy) that the 16 point list was their final outgoing report, I knew it was incomplete and would be insufficient for a tribunal member, so I requested the PM to meet me at the property and verify the detailed spreadsheet I prepared (something they should have done). I also offered to have an independent witness present. This was about a month after I moved back and the damage was still mostly there. I also had taken many photos too but these were taken at the time the tenant left. The incoming was not done for this tenant because he had lived there with his sister previously, but was not on the lease, OFT said he is a subtenant of her. She moved out and didnt have an outgoing. REA said it was impossible to do a thorough inspection because there was still furniture in the house and it was in my interests not to to so. Doing an outgoing with an empty house has also proven to be an impossible task for them.
The earliest report I have was from the REA many years ago when we entered into a contract. I have copies of every report (12 years) but now I look into my files, I have only had 1 previous outgoing ever, and never seen any others. I think what they do is use the incoming for the next tenant as the outgoing for the previous tenant, or maybe dont do outgoings at all. This is a long story and at times I am overwhelmed with the sheer amount of unbusinesslike practice. All that time I was a tenant, and it was a different world to what I am now experiencing. I cant understand the REA and its staff, I read the RTA the PSBA Act, the contract, their guarantee and their newsletters and the REA dont seem to be able to link those to their practices. I have asked a few people is the RTA taken seriously, because I am having doubts about whether it is, from the way the REA carry on. I will persist with this, because it will be happening to others, and I dont think that they should get away with it. I will be glad to be free of them eventually, and for them to get a reality check with the real world, they were unable to even take on board what the tribunal member said and when I made a comment leaving the court room, the director said he would sue me for defamation. Sorry to go on, but if you can imagine a time of great wierdness, well I am in it!!! Thanks Woll
 
Ps

I was quite fixated on coming to an agreement about the condition of the property and kept on pursuing this with the real estate agent, it seemed to me to be the basis of any sensible discussion.

The facts have been unachievable, and every attempt to obtain them has met with resistence, avoidances and silences.
I was hoping that I could do a comparison with the very first and the very last reports from our time under contract, but this is not possible.

The abusive bit was when I raised my voice in a phone call as one of the RE directors said that by moving back into the house I negated any further claim, and at that I told her she was unethical and thats when she hung up and the other director emailed me later saying the meeting to check the property was cancelled because I was abusive.

I popped over to the police station and asked them to note the incident in case anything in the future was needed and also wrote to OFT by email.
I am usually a sensible calm person, this feels like Days of Our Lives!!
 
I was quite fixated on coming to an agreement about the condition of the property and kept on pursuing this with the real estate agent, it seemed to me to be the basis of any sensible discussion.

The facts have been unachievable, and every attempt to obtain them has met with resistence, avoidances and silences.
I was hoping that I could do a comparison with the very first and the very last reports from our time under contract, but this is not possible.

The abusive bit was when I raised my voice in a phone call as one of the RE directors said that by moving back into the house I negated any further claim, and at that I told her she was unethical and thats when she hung up and the other director emailed me later saying the meeting to check the property was cancelled because I was abusive.

I popped over to the police station and asked them to note the incident in case anything in the future was needed and also wrote to OFT by email.
I am usually a sensible calm person, this feels like Days of Our Lives!!

I found this quite common. I have been accused of this often when I challenge those concerned for their incompotency. Take it on (if you are confident) and you will get it! The accusation of abusive does not limit their obligations to fulfill their duties of care.
 
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