Problem in changing management agent

[kennyboi]

Hi,

I need some advice here.

I had given 30 days notice to my old managing agent on 18/10 to cease management, effective 18/11.

My new managing agent gone to their office on 19/11 to pickup documents and found missing entry condition report and 2 rental increase notices. He did not pickup the documents fearing they will wash their hands clean and opted to pickup until all documents are ready. I agreed to this.

Co-incidentally, the reception lady told him my tenant has issued notice to vacate on 12/11 for 30/11 which he then told me. I was not made aware of this from the old agent, and without the entry condition report, I am worried things may go pear shape without any way to recover. I follow-up with the old agent and they say not to worry, it might be in the archived which they will have a look today.

So, I do not know what to do. Could anyone offer me some advice?

Thanks

 

[kennyboi]

Just found out further bad news....

Let's say:
Previous lease has name A
Current lease has names B & C

A and B was living together during previous lease until B took over.

Now I found out when current lease starts, no condition report is done and told me B & C has accepted the terms & condition report that was done when previous lease starts. When I ask for prove of this, the agent just send me a note entry in their system to that effect. Nothing in writing and signed by B & C.

So, I am wondering what legal weight (if any) does a note entry stand in court? Is the agent negligent?

 

[Sez]

I'm from VIC but it sounds as though it was just a tenant transfer. One of the original tenants are still in the property (tenant B) and the bond was transferred from A & B's name to B & C's name. If you can get the condition report then you're fine. Without the condition report though you can not prove anything against the tenants vacating.

Let us know how you go with this one and if it all works out well, buy your new PM a bottle of wine because they will probably have earned it!

 

[travelbug]

It's not in Ingleburn is it?

I gave my agent notice there and guess what? The tenants found a new property to rent (of course managed by that agent) and gave notice 2 days later.

 

[kennyboi]

I'm from VIC but it sounds as though it was just a tenant transfer. One of the original tenants are still in the property (tenant B) and the bond was transferred from A & B's name to B & C's name. If you can get the condition report then you're fine. Without the condition report though you can not prove anything against the tenants vacating.

Let us know how you go with this one and if it all works out well, buy your new PM a bottle of wine because they will probably have earned it!

The concern is, the previous lease does not have B's name on it. It only have A's name on it, even though A and B live together. So, is this normal?

 

[kennyboi]

It's not in Ingleburn is it?

I gave my agent notice there and guess what? The tenants found a new property to rent (of course managed by that agent) and gave notice 2 days later.

No, not near Ingleburn at all.

 

[Salvatore1]

I use a saying "Don't expect what you to don't inspect". You are changing agent because you knew there was an issue and it wouldnt have just come up a mth ago! Did you select the original agent because of his fees or his knowledge/experience? I would take them to the tribunal and get my management fee back of them.

 

[kennyboi]

I use a saying "Don't expect what you to don't inspect". You are changing agent because you knew there was an issue and it wouldnt have just come up a mth ago! Did you select the original agent because of his fees or his knowledge/experience? I would take them to the tribunal and get my management fee back of them.

I am changing agent because of other issues I had with them. This issue surfaced only when my new agent was about to collect the documents from them.

I select them as I thought at the time they present themselves well when I was house hunting for the investment property and seem to know their stuff. However, that PM left about 1-2 years after I signed up with them, and his subsequent replacements were the ones I had issues with. They went from good to bad.

 

[Sez]

The concern is, the previous lease does not have B's name on it. It only have A's name on it, even though A and B live together. So, is this normal?

That is unusual. B should have been on the lease if they were an original tenant. I would think that with the bond and rent collected from the tenants B & C you have enough to prove that a tenancy existed between you and B & C at the property.

Might be best if some of my NSW counterparts can step in with the legalities. I'm not terribly familiar with the NSW legislation .