Should I sack my P.M?

[lordland]

I write to ask about the logistics of terminating a P.M. Im still unsure if I should sack this guy as it’s a small town and there is only 1 other agency that I can use- and Im hoping to keep this house for another 20 yrs.

The P.M that has been managing my property is basically incompetent. Over the past few yrs (whilst I live abroad):
- once forgot to do a quarterly inspection. After emailing him, 1 week later no reply… emailed the licencee and finally done
- extremely poor communication skills. Sometimes forgets to follow up on a tradie call out who didn’t turn up. 2 months later the tenant asks what happened.
- After old tenant moved out, tried to not pay 1 weeks rent. Basically lied about the move out date of old tenant and move in date of new tenant
- The latest… did not report a burn mark on the relatively new stone kitchen bench top. Still waiting to hear back about that one.
- He is an old guy that only works 4 days a week and thus evidently has little time to do his job properly and I often hear about this with the excuses
- It’s a small town and I feel that the PM develops friendships with the respective tenants- thus it’s a fighting battle to have the guy on my side- ie the burn mark on the stone top is a typical example where Im not being looked after.

The standard NSW excl’ management agency agreement states that we only have to give each other 30 days notice to terminate.

The new tenant has been in the house over a month and on a 12 month lease. If I terminate now am I only liable for the 1 month lost commission. Can the licensee claim any other money as they did find the tenant and signed them up on a 12 month lease.

If I terminate in writing, how does it work exactly? Can the new agency take over the management right away or does it have to wait until the 30 days is up- i.e. end of next month?

If the new agency takes it over right away do I have to pay the rogue PM one months commission which they are likely to be entitled to.

How does it work with the new agency? Does a new lease have to be prepared between them and the tenants?

If I want to terminate, can I do it via email? Will I have to visit the old agency at all or can everything be done on the phone / via email?

Thanks for your help. I appreciate any opinion if you are qualified to offer one

 

[Propertunity]

The standard NSW excl’ management agency agreement states that we only have to give each other 30 days notice to terminate.

So simply give 30 days notice to your current PM.

The new tenant has been in the house over a month and on a 12 month lease. If I terminate now am I only liable for the 1 month lost commission.

If you terminate now, you are still paying for the commission on 1 month's rent they collect on your behalf. You are not actually losing anything.

Can the licensee claim any other money as they did find the tenant and signed them up on a 12 month lease.

No, they will have already charged you for that 1 month ago.

If I terminate in writing, how does it work exactly?

You write the letter, send a copy in the post, 1 by email, 1 by fax if you want to be sure & certain.

Can the new agency take over the management right away or does it have to wait until the 30 days is up- i.e. end of next month?

Usually they wait 30 days. Some will take over straight away and not charge you for the 1st month.

If the new agency takes it over right away do I have to pay the rogue PM one months commission which they are likely to be entitled to.

That was the agreement you signed with them. They may give up that right or not - it will be their choice.

How does it work with the new agency? Does a new lease have to be prepared between them and the tenants?

The new agency gets the file from your old agency and takes over from there. No new lease required.

If I want to terminate, can I do it via email? Will I have to visit the old agency at all or can everything be done on the phone / via email?

In writing, means letter in post or fax. The law does not currently recognize emails. Phone is not in writing.

Make sure the only other PM in town is good or you may find yourself up the proverbial creek without a paddle.

 

[esh]

If other PM is the only one available to do your area. The last resort - give them A call and tell them your situation. If u are sure about making the move you can get the new agent to sort everything out for you. Hopefully they can write out the termination letter etc etc. they should be able to take care of everything for you to make the move easy

 

[Burramys]

It might be prudent to hold back the bad news about the current PM. The new/potential PM doesn’t really need to know all of your hassles. Just say that you are looking for a PM, and try and assess their competence.

 

[chuds]

If you have to ask if you should, then yes.

 

[Doovalacky]

If you can check out the other PM first. Might be jumping from the pan to the fire!

 

[BeYourOwnAgent]

I think it's prudent to ask yourself the following question; if you, as the fee paying client is receiving such poor service, how do you think your tenants are faring?

I understand you feel you are trapped as they are the only managing agency in the area, but you shouldn't.

Have you thought of self managing?