Property Management Nightmare

[spooky]

Hi Guys

Need some advice on getting to grips with a situation I have with a Company tenant a bad manager and new manager trying to sort things out.

The property is in a central Qld mining town and big global miner has been taken over by bigger miner sometime last year.

New miner signs new lease agreement at increased rent yeah!
Rental manager does not inform me that tenant is in arrears

A few weeks later I find out that tenant is 6 weeks in arrears very little being done.
I do get some rent but always in arrears.
Sack the manager.
Engage new manager.

New manager has to go and talk to tenant in the property to find out who they work for as old manager wont provide info and surprise surprise totally different company.

It appears that the previous manager had signed the lease over to the new company ie new company took over new lease after being in operation for only approx 2 weeks and also transferred the bond money.

What is now happening is that the ledger shows payments being made from the new tenant back to the date when the old tenant stopped paying new tenant says they are up to date ledger says otherwise therefore I need to get rent from old tenant.

Hope you are keeping up with this?

Can a manager do this without notifying an owner?

I thought that if a company bought out another company it took on its debts as I do not believe that original company was in receivership as it would have made some big news.

New manager is having trouble getting hold of anybody in new bigger mining company to make sense of it all.

I reckon I am owed at least $4000

I have taken care not to mention company names but they are well known.

Any advise or who shall I turn to

 

[kathryn d]

Who's name is on the lease?
The tenant living there, or the company they work for?

 

[mattysavager]

The property is in QLD Correct?

Can you please clarify some things for me?

The lease is in one name only and this name is a company?

In a lease with one name, you don't just "change the lease over", it must be documented in writing that the new tenant accepts full responsibility for any payments, and condition of the property, and absolves the old tenant of any responsibility.

Basically for the agent to have done their job properly, they would have had the new tenant sign a letter that stated the paid-to date, and accepted the original entry condition report. Ask for this. Unless this can be provided, then it's a new lease. The agent should have ensured the property was vacated, full exit cleaned, rent paid up to end date, bond refunded. Then the new lease could start as a clean slate, and the man could move back in.

What you do now - if the tenant is still in arrears right now, breach the tenant (company) for rent arrears, allowing 7 days to remedy the breach notice by paying all rent owing up to the breach due date. Make sure copies are sent to both company office and also delivered to the tenant inside the house.

If they do not pay the full amount (bringing them out of arrears):

Send a Form 12 Notice to Leave for Rent Arrears. This gives them 7 days to vacate the property and hand back the keys. Send an application to Queensland Civil & Administrative Tribunal (QCAT) for an urgent hearing and claim their full bond from the RTA.

Either they will pay, or a court will sort it out for you.

Hope this helps.

Matt

 

[spooky]

Hi

As far as i am aware the lease is a transfer to the latest company.

I think what has happened is the bigger mining company decided they did not want the lease about 2 weeks after it came into force but found another company to take it off their hands so to speak under the same terms.

I understand the rest of your thoughts and will pass this info on to the new manager

quoted
What you do now - if the tenant is still in arrears right now, breach the tenant (company) for rent arrears, allowing 7 days to remedy the breach notice by paying all rent owing up to the breach due date. Make sure copies are sent to both company office and also delivered to the tenant inside the house.

It appears that the new tenant is doing the right thing apart from accepting responsibility for the previous tenant as I can imagine that they were told every thing was up to date.