Sacking my Property Manager

W

WebBoard

Guest
From: Rick Gibson


Hi everyone,

Just have a few questions that I could really use some answers to.

Drove past my property today and there is a giant flouro sign out the front advertising rooms for rent and the house is looking terrible (yard really run down)

I rang my agent and it seemed like it was a hassles to her that I was calling her to complain.

Well, the point is I want to get rid of both the manager and the tenant, problem is they are both only 4 months into a 12 month lease/contract. Can I get rid of them both with the minimum of fuss.

Thanks for your help

Rick
 
Last edited by a moderator:

Sim

Administrator
Reply: 1
From: Sim' Hampel


Hmm... unless the agent has broken the terms of the contract (possibly difficult to prove) and unless the tenant has broken the terms of the lease (also possibly difficult to prove except in the case of rent default etc), then I don't see that you have many options - that's the whole point of contracts, to stop one party pulling out of an agreement on a whim or a change of heart.

That being said, look very carefully at the wording of your lease and contract and see if you can find anything which may give you grounds for breaking the contract.

Another suggestion... if you have a replacement manager in mind, maybe approach them and explain the situation - if they are sympathetic they might be willing to help you find a way to remove the existing manager in return for signing you up as new business.

sim.gif
 
Last edited:
W

WebBoard

Guest
Reply: 1.1
From: Andrew Duckworth


<PRE>Simply write a letter to the agent stating that you would like to terminate the contract. If the agent ask for a reason state that you are not receiving the level of service you are paying for.

I have, many a time, cancel a management tenancy agreement after two months.

There is no law for stopping you from doing this at all.
</PRE>
 
Last edited by a moderator:
W

WebBoard

Guest
Reply: 1.1.1
From: Rick Gibson


Thank you Sim and Andrew,

It is an issue as well since I am paying 8% for the "Privilege" of having them manage my property.

Thanks

Rick
 
Last edited by a moderator:
W

WebBoard

Guest
Reply: 2
From: Simon St John


Rick

Just a thought - does your contract allow for sub-letting?

I thought standard contracts excluded sub-letting, thus preventing your fluro-signed friends from so soliciting!

Simon
 
Last edited by a moderator:

Sim

Administrator
Reply: 2.1
From: Sim' Hampel


The standard lease agreement used by the REISA (also refered to in various residential tenancies acts) explicitly states that the tenant must not sublet without prior written consent from the landlord and ALSO that you must not (without prior written consent) "place any advertisement, notice or sign on or in the premises"...

So check your lease agreement and the relevant acts in your state (http://www.reiaustralia.com.au/legislation/index.htm is a good place to start) - they may indeed be not complying with the terms of lease (but of course you would need to request that they remove the sign first - and if they comply you might have problems turfing them out)...

Remember that if they run to the residential tenancies tribunal, you may get slapped on the wrist for being a nasty landlord even if you think you are in the right, so play by the rules and document everything.

sim.gif
 
Last edited:
Reply: 3
From: John P


Your Property Manager should know about this situation. (ie) No sub-letting. And they are charging 8%?? Jeeze!!!!

What I would really like to know is what kind of reference checking your property manager did to get these tenants.

I'm sorry that this has happened to you Rick but if I were you I would be really spitting the dummy at your property manager.Giv'em an earful(In person). Some property managers seem to be of the belief that their job is to simply collect the rent and pay your council, water and strata levies every month. Beyond that they don't want to know about it.


Good luck with everything Rick

John
 
Last edited by a moderator:
Reply: 3.1
From: Donna L


Just out of interest - if this is a residential
lease, why is there a sign out the front
advertising rooms to rent? It's not a
boarding house and the tenant should
not be able to sublet?

Or is it a commercial lease?


Donna L
 
Last edited by a moderator:
Top