Property Manager Problems

[Postcard]

Just after some advice,

I recently evicted tenants under property managers advice.

In the process of doing this I gave her permission to get the place ready for re renting.

Removal of tenants property from verge absorbed the entire the bond???. I strongly disputed the bill as the rates charged and time to do the work were excessive. I scoped the work, she did not. I still need to do the yard and clean the inside. There is also minor damage to repair out of my pocket.

The PM is dodging my concerns and now saying that I am obliged to pay 50% of PM fees through to end of PM contract if I change PM.

This is fast moving towards a dead lock.

What maneuvers do I have for dispute resolution and or breaking contract and even getting them to pick up some of the tab on the rubbish removal bill?

 

[DaveM]

How much bond was there? Removing a truck load of goods to the tip would be a couple of hundred dollars max.

Re terminating, if you move elsewhere, what are they going to do, sue you over $20-30 a month of management fees for 3 months? Call their bluff.

 

[Jody in Darwin]

Hi postcard,

Dave has a very good point! Also, if the lease is no longer in place I would suspect they are bluffing you. The 50% is on an existing lease usually. Read your Management Agreement to confirm.

I am surprised that landlord insurance has not been mentioned by your property manager. Get quotes on what needs to be done and contact your landlord insurer.

Cheers,
Jody

 

[marg4000]

The exit report done when the tenants vacated should include photos. This will show the extent of the possessions left behind.
Marg

 

[paulie]

Just after some advice,

I recently evicted tenants under property managers advice.

In the process of doing this I gave her permission to get the place ready for re renting.

Removal of tenants property from verge absorbed the entire the bond???. I strongly disputed the bill as the rates charged and time to do the work were excessive. I scoped the work, she did not. I still need to do the yard and clean the inside. There is also minor damage to repair out of my pocket.

The PM is dodging my concerns and now saying that I am obliged to pay 50% of PM fees through to end of PM contract if I change PM.

This is fast moving towards a dead lock.

What maneuvers do I have for dispute resolution and or breaking contract and even getting them to pick up some of the tab on the rubbish removal bill?

Call their bluff and leave asap or Fight threats with bigger threats.

I'd be reading the property management contract you've signed with this company very carefully, not only to see what sort of clauses they have inserted in the authority to attempt to receive monies for services not provided (I doubt it's actually legal to receive payments when they aren't actually providing you with a service) but i would also look for breaches of their terms of services by the property manager - either from their written terms of service or their implied terms of service (promises made when you signed up with them). For example - did they place the tenant? Did they identify the problems with the existing tenant promptly and recommend immediate action or did they contribute towards the final issues via negligence in their service delivery or non delivery as the case may be. Also i'm fairly certain most REIWA property management contracts have a section specifying a maximum amount the property manager can actually spend on your behalf before they need your approval in writing - usually no more than $400.

Any real (or perceived real) breaches of the contract if ruled upon in your favour by the Department of Commerce - link is http://www.commerce.wa.gov.au/ConsumerProtection/Content/Property_renting/Renting/NewRTALaws.html
can result in the real estate company having to repay you all fees charged over the life of the contract.

Good luck

 

[Bats]

Postcard

I think it would help contributors to let us know the outcome of your issue.

We see problems, disputes almost every day and very rarely get to know if there is a resolution/outcome.

I agree with others, take the management of your property to someone who will look after it properly.

 

[thatbum]

Any real (or perceived real) breaches of the contract if ruled upon in your favour by the Department of Commerce - link is http://www.commerce.wa.gov.au/ConsumerProtection/Content/Property_renting/Renting/NewRTALaws.html
can result in the real estate company having to repay you all fees charged over the life of the contract.

Commerce won't do jack because they are useless when a matter is complex or disputed - nor do they have the power to make any rulings.

If you want to PM me I can look over the management contract and hopefully offer some advice.

 

[Postcard]

Hi,

Really appreciate all the great advice, heaps I can use. I am ongoing and definitely going to post the follow ups to let you know how it goes.

The bond was $1400, rubbish removal bill was ~$1500. 2x6hrs men at $70ph???

The rubbish(household good, not reaal rubbish) was stacked on the curb.

Have asked them to pay half the bill and suggested I was going to move to a different PM. Their replied was contract clause saying they would charge me for the 50% yadda yadda as mentioned above. The place is not in tenant agreement but is in exclusive management agreement until august.

Really appreciate the advice above - given me new legs to fight on.

Thankyou.

 

[Postcard]

Hi postcard,

Dave has a very good point! Also, if the lease is no longer in place I would suspect they are bluffing you. The 50% is on an existing lease usually. Read your Management Agreement to confirm.

I am surprised that landlord insurance has not been mentioned by your property manager. Get quotes on what needs to be done and contact your landlord insurer.

Cheers,
Jody

My landlord insurance covers loss of rent and re-tenanting for eviction. Although damages and major cleaning due to malicious itent are covered, general cleaning, yard tidy ups, rubbish removal are not covered.

There for when the rubbish removal consumed the entire bond I then became responsible for cleaning, yard tidy-ups out of my own pocket.

 

[thatbum]

Postcard I'm happy to take a closer look at your matter and possibly give you advice and assistance against the PM agency if you like.

 

[Postcard]

Hi,

Took a while to resolve and advice from posts used so thankyou to all.

Things initial got worse when I contacted the proprietor of the RE and nearly ended badly. I did however get her to send pictures. On retrieval of pictures I called her back and said "Lokk, I dont want to fight about this but do you think those pictures show ~$1500 worth of work.

I get the impression she had now seen the work for the first time. She came to the party and said she would contact the contractor.

End result I pay $500, RE was picking up the tab, contractor was dropped by the RE.

So all good. Once again thanks for posts.

 

[SeafordSunshine]

So glad to hear!

Sometimes dodgy contractors are left to their own devices, and months later you are left to pick up the pieces.


Glad you resolved your problem!

cheers

 

[travelbug]

Hi,



The bond was $1400, rubbish removal bill was ~$1500. 2x6hrs men at $70ph???

Thankyou.

What a con. $70ph for labourers to fill a bin. Was it her hubby??? I'd be questioning her about that and telling her you will take it further.

This is why I have the final say on all monies spent.

According to the contract how much notice did you have to give? Have you given it? When is the time up? Surely it would be nearly up by the tikme you are ready to rent so you owe her nothing??

 

[chibs]

Wow. Glad you sorted out the issues, postcard.
Our PM also gave us grieves on repairs and other maintenance work. We got charged $30-$40 on the smallest amount of work that I can do in 5-10 minutes. We also got charged on ridiculous items that need no fixing. In the end, we change the PM