Just when I thought I had my 'bad luck' with property this year (i.e. Just getting through eviction of tenant and cleaning up the place on another IP), and now it seems I have a problem with another agent with another IP.
I have a unit in the CBD in Brisbane, and have been getting the property managed now for a while with one of the inner city real estates. Things have been going along fine. In July (prior to me heading OS for a couple of months), I deceided to drop an email to the property manager to see how it is all going, and also to ensure that the rent was going up at the specifed time at the 6 month increment (which was included in the tenancy agreement).
He got back to me and said everything is fine and the rents will automatically go up to the new mark, as it is in the computer.
Well, the problem starts a couple of days ago, to find out that they have recently terminated one of the office staff, and also my property manager is overseas for a couple of months.
The thing is that my current tenancy (and is backed up by a copy of the agreement I got the RE to send me when first done) is scheduled to end its fixed term on the 10/04/10.
However, after looking at some rental statements coming in, I thought I was being underpaid. It seems that they have put another tenant into my unit which was started on the 4/09/09 and terminates on 20/01/10. (3 months). However, on this tenancy agreement, the rent is $70 / week less. My carpark space is also apparently not being used, Previously with other tenant, the price reflected having the car park space as well). So I have lost rent, and can get extra rental for a carpark space. (trying to find out who is using the space....RE doesn't know)
Obviously, I am wanting the agency to rectify and make good the loss of income. They did not inform me that they were looking for another tenant, (or did I want it rented out again) and discuss anything about rental value.
I was told with other property managers on other properties, that if the first tenant vacates, they have an obligation to continue paying rent until they find another tenant (and at the same rates).
Anyway, I have politely discussed this with the 'new' property manager filling in while mine is 'supposedly' away, and asked her what she is going to do to fix this up, and reimburse me what is contractually stated.
She emailed this morning and said, sorry about the stuff up, but hopefully we can get this right in January (when the new tenancy expires)........What....
Couple of questions......
1... Has this happened to any of you guys. (i.e. I have a valid tenancy which expires next April, but there is another tenant in there with terms completely different to what the origanal tenancy dictates)
2... As I have the original agreement which expires in April next year, is the RE required (contractually) to compensate me for loss of income. (Loss of rent equates to $1120 for difference in rent (over 12 weeks) + guaranteed $5640 to end up to the original tenancy.(12 weeks))
3... I am thinking that if I get legal advice, this should be a no brainer compensation for me??? I don't want to use my insurance to make any claims, as excess would be payable, and besides, I don't think they would insure if it was a mistake by RE agent.
3... Do 3 month tenancies get recorded on the same 'General tenancy agreement' as more common 6 monthers or 1 years.
Interested to hear if SS guys have faced this scenario before, if there are legal savvy readers, would like to hear what can be done about the issue.
My posts to date tend to be asking alot of questions of late......hopefully, when I get over these 2 challengers with tenants / agents, I look forward to being involved in discussions.
Thanks in advance.
F
I have a unit in the CBD in Brisbane, and have been getting the property managed now for a while with one of the inner city real estates. Things have been going along fine. In July (prior to me heading OS for a couple of months), I deceided to drop an email to the property manager to see how it is all going, and also to ensure that the rent was going up at the specifed time at the 6 month increment (which was included in the tenancy agreement).
He got back to me and said everything is fine and the rents will automatically go up to the new mark, as it is in the computer.
Well, the problem starts a couple of days ago, to find out that they have recently terminated one of the office staff, and also my property manager is overseas for a couple of months.
The thing is that my current tenancy (and is backed up by a copy of the agreement I got the RE to send me when first done) is scheduled to end its fixed term on the 10/04/10.
However, after looking at some rental statements coming in, I thought I was being underpaid. It seems that they have put another tenant into my unit which was started on the 4/09/09 and terminates on 20/01/10. (3 months). However, on this tenancy agreement, the rent is $70 / week less. My carpark space is also apparently not being used, Previously with other tenant, the price reflected having the car park space as well). So I have lost rent, and can get extra rental for a carpark space. (trying to find out who is using the space....RE doesn't know)
Obviously, I am wanting the agency to rectify and make good the loss of income. They did not inform me that they were looking for another tenant, (or did I want it rented out again) and discuss anything about rental value.
I was told with other property managers on other properties, that if the first tenant vacates, they have an obligation to continue paying rent until they find another tenant (and at the same rates).
Anyway, I have politely discussed this with the 'new' property manager filling in while mine is 'supposedly' away, and asked her what she is going to do to fix this up, and reimburse me what is contractually stated.
She emailed this morning and said, sorry about the stuff up, but hopefully we can get this right in January (when the new tenancy expires)........What....
Couple of questions......
1... Has this happened to any of you guys. (i.e. I have a valid tenancy which expires next April, but there is another tenant in there with terms completely different to what the origanal tenancy dictates)
2... As I have the original agreement which expires in April next year, is the RE required (contractually) to compensate me for loss of income. (Loss of rent equates to $1120 for difference in rent (over 12 weeks) + guaranteed $5640 to end up to the original tenancy.(12 weeks))
3... I am thinking that if I get legal advice, this should be a no brainer compensation for me??? I don't want to use my insurance to make any claims, as excess would be payable, and besides, I don't think they would insure if it was a mistake by RE agent.
3... Do 3 month tenancies get recorded on the same 'General tenancy agreement' as more common 6 monthers or 1 years.
Interested to hear if SS guys have faced this scenario before, if there are legal savvy readers, would like to hear what can be done about the issue.
My posts to date tend to be asking alot of questions of late......hopefully, when I get over these 2 challengers with tenants / agents, I look forward to being involved in discussions.
Thanks in advance.
F
