Property Management - Fail

[Billy_Bokkie]

So,

We have had one of our rentals with the same agency for several years with the same tenant. They have always been late with rental payment, but never breached. Fast forward several years and we have just been presented (this week) with a written letter informing us that the tenants have not paid rent since April this year and they are now in excess of $7500 (with water consumption) in arrears.

The agency have our contemporary contact details and email monthly statements, so no excuse why a breach and notice to leave were not processed within a 28 day period to minimise loss and have the breach covered by bond and communicated to us.

The agency is wiping their hands of the entire situation and even had the audacity to suggest we need to pay $98 for them to attend court on our behalf, even though it is a direct result of their negligence.

So long story short, has anyone taken civil proceedings against an agency for negligence or utilised Office of Fair Trading (QLD) to recover costs? Real estate agencies are self regulated so is there any formal body in Queensland which these actions can be reported too and discipline taken.
Cheers,

Bokkie

 

[turk]

Would have thought the monthly statements communicated the arrears to you.

 

[womble66]

Would have thought the monthly statements communicated the arrears to you.

and the lack of deposits into your nominated account for the last 4 months.

 

[redwing]

Fairtrading in Queensland isn't it?

Also, is the water account in the tenants name or yours?

 

[wylie]

In Brisbane, water account is in landlord's name.

 

[SeafordSunshine]

First you might like to get a hearing date ...
Then I would
Ask for copies of all correspondence (agent to tenant) in the last 6 months.
That will at least tell you if the agents have been asleep
and help you to start putting together a claim against the agent.

Then I would ask Kathryn D from this lovely forum for some lessons in getting your rent money back

get ready for a bumpy ride and keep your sense of humour

I hope this helps

 

[newbietoinvstng]

Do you have LL insurance? That should cover.

 

[Sez]

wow - horrified is the best way to describe my thoughts on this.

As others mentioned request a copy of all correspondence between the agent and your tenant. I would also be contacting your LL insurance agency, in some cases they won't pay out if the correct notices have not been sent in the correct time frame.

Speak to the director of the company and ask for a meeting, sit down with them and explain why you feel the company should be held responsible for the situation. If nothing comes from this (usually they'll step up and compensate without admitting fault) then talk to your states tribunal re: seeking compensation from the agency.

During the hearing the above points that others have made about your statements etc. will likely come up so be prepared for these. Perhaps also ask the agent for a copy of all correspondence that they sent to you in an effort to get your permission to take appropriate action??

Let us know how it all goes.

 

[eek]

I went through the office of fair trading when Ray White Runcorn went under last year. The agency stopped replying to my phone calls, emails, and paying me my rental money. One day I got a letter saying they went into administration.

The recovery team (Insolvency Solutions?) and the Office of Fair trading were good and did what they were supposed to do. The entire process seems to work but does take a long time. It was nearly 6 months until I saw my rental money.

The only thing I was annoyed about was the fact I was still charged a 7% management fee for the following months, even though Ray White and the agents no longer existed.

Tell you what, it's a good way to make money for doing nothing!
Anyways, good luck with your situation. I'm not sure whether landlord's insurance will cover this? Surely the agents are responsible!

 

[liverpoolharryk]

The 'Office of Fair Trading" and QCAT are really the best avenues at this point, the Office of Fair Trading will definitely guide you in the right direction.

Good lesson for all landords to keep an eye on monthly statements, not the first time I have herd/seen this... Extremely poor practice on behalf of an Agent.

 

[rowena]

i swear my agent hates me, im always looking at my bank statement, and a few days late and im onto her in email to find out whats going on!

But from what OP has said did the r/e agent send out your 12 monthly tax statement in july? Surely from looking at this and calculating out your weekly income X 52 weeks you would of noticed the difference? If the 12 monthly statement however suggests you have received the rent, then this is something where you can possibly go to the ombudsman about or back to the owner of the agency.

 

[fisherman]

In Brisbane, water account is in landlord's name.

A left-over from a previous Age that urgently needs to be changed. All owners and the REAs who service them should be writing to the responsible minister, Mark McArdle to have accounts issued in the name of the user.

Contact details

Electorate Office Postal Address
PO Box 3998
CALOUNDRA QLD 4551
Electorate Office Address
Shop 1, Pia Place
118 Bulcock Street
CALOUNDRA QLD 4551

Phone: (07) 5491 2780
Fax: (07) 5491 1801
Email: [email protected]
Ministerial Postal Address
PO Box 15456

CITY EAST QLD 4002
Ministerial Office Address
Level 13, Mineral House
41 George Street
BRISBANE QLD 4000

http://www.parliament.qld.gov.au/members/current/list/bio?member=McArdle+Mark

 

[wylie]

I'm happy to write to him. Let's get the ball rolling. It would be good if someone started a petition on those petition sites that I get in my inbox. They certainly gather momentum. I'd like to say I'll do it, but I've got a lot of crap happening in my life right now, and don't need anything extra to worry about.

Is an email as good as a letter?

 

[Sez]

In VIC the water account is in the tenants name (as long as there is a separate water meter at the property) and the tenant pays usage charges - it's a system that works really well. One of the better things about VIC laws .