Tenant broke lease - who pays the letting fee?

Your comment aggravate me. You sound like one of those PM that taking percentage from landlord income but stand on tenant side. You sound like one of those PM that do so little but expecting every percentage with little to no effort. You sound like one of those PM that think landlord are so fortunate by owning properties so we don't deserve your small effort.

Big will...where did you see in my post that I expected the PM to bear the letting fee. And yet you sound like a greedy calculated PM and and telling me to be grateful that my PM did their job that I pay them to do?

I own multiple properties all over Australia and I spend my time managing my PM to do their job..and most PM don't own investment property so they usually stand on their tenants side.


We should be more grateful when tenant have not paid their rent for the past 3months and pm just assuring that next month tenant will pay? We should be grateful when after almost 1yr, PM still sitting on bond claim? Yes..your comment aggravate me..

Sorry back from leave and saw your post, not trying to aggravate you but who are you wanting to pay the letting fee? I agree the tenant should pay but you cannot get blood from stone.

Also I am not a property manager, never have been never will be. Dealing with tenants pass, dealing with landlords pass, dealing with maintenance issues at 11:00 at night pass.

If you are managing multiple property managers maybe you should look at hiring different ones. Treat it like a business would you keep slacking staff no you either train them/set your expectations and if they don't meet them then you look for another one.

Otherwise take your claim to the civil tribunal against the tenant.
 
Suggest you email the complete situation to the PM with CC to the licencee asking that the matter be cleared up in your favour otherwise you'll request an investigation of their behaviour and an audit by Fair Trading or what ever the Dept is called in your state. Slack PM.
Good luck
cheers
crest133
 
Just wondering if any lease break costs have been claimed to date through the bond?

Back in the day when I used to pay letting fees this did happen. I had two instances where the lease break costs were recovered through the bond. As you say previously, the letting fee the tenant would pay is based on the length of lease remaining.

Just out of curiosity, what would be the situation if the tenant was evicted, say for using the property for illegal purposes? Would they be liable for lease break fees in that situation?

Btw - I am in Perth.
 
Just out of curiosity, what would be the situation if the tenant was evicted, say for using the property for illegal purposes? Would they be liable for lease break fees in that situation?

Btw - I am in Perth.

Probably not because the loss is based on the landlord's decision to terminate rather than more directly from a breach.
 
When a tenancy is terminated, either by mutual consent or by Tribunal Order, the landlord is only entitled to rent up to the date of termination, meaning the last day of the tenancy. So the tenant is not "breaking the lease" in the usual sense by moving out before the end of the fixed period of the lease without the landlord's consent, because the landlord is making sure the tenancy is being terminated along with the lease.
Clear as mud.
Cheers
crest133
 
It depends what your lease says..... I broke a lease recently and gave plenty of notice, I had to pay a weeks rent as the reletting fee...
 
It depends what your lease says..... I broke a lease recently and gave plenty of notice, I had to pay a weeks rent as the reletting fee...

Actually, it almost always doesn't matter what the lease says. Its only NSW that has break lease provisions that actually mean something.

Otherwise the common law applies despite what the lease terms might be.
 
Well...definitely I am not responsible for paying the letting fee. Tenant broke lease, tenant pays. My tenant broke lease 3 months early. They gave 1 month notice. They left, PM just deducted letting fee out of our account (ie the next tenant rent). PM took the full $1700! PM should take the letting fee out of the bond claim. I don't care how much letting fee they want as long as it comes out of the bond. If tenant did not break lease, then it's a different story.

You seem to be confused about exactly how it works.

You still owe the full fee to the agency, if that is what you are contracting them to do.

You then have a legal claim for a portion of the letting fee from the tenants breaking lease. When you can crystalise that claim depends on a number of things, including when the rest of the bond issues are resolved, and whether the tenant might be disputing things.

Unless your tenants broke the lease on the first day of it, then you won't be entitled to the full letting fee from them anyway - it will be a portion.

So far it sounds like your PMs have done the right thing...
 
The property is in regional WA. The tenant left 1 year ago and we are still waiting to find out if PM has lodged the bond claim or not.
It has not been an easy journey with this PM...feels like talking to a wall.
There are so many issues..and yet this company still advertising like on steroids that they are the best team to look after the properties.

I can't even complete the insurance claim since no exit report was produced (next problem).

Is WA Commerce the only place to get resolution?

Umm what?!? What do you mean it was a year ago?

How do you not know if there was a bond or not after one year? I could pick up the phone tomorrow morning and find out in about 10 minutes. Just call the bond administrator.
 
Umm what?!? What do you mean it was a year ago?

How do you not know if there was a bond or not after one year? I could pick up the phone tomorrow morning and find out in about 10 minutes. Just call the bond administrator.

There was a bond, but still unclaimed after tenant left 1 year ago.

I have called them and emailed them sooooo many times.
 
The problems with this PM are not resolved yet and I am considering to put claims through WA COmmerce. Will I lose my case if I disclosed the problems that we are having on this forum?

Commerce might do something useful, but they also might not. They don't really have the power to do much apart from ask the agency to pay you.

What have you done so far? It sounds like nothing, except to complain here.

Overall I think you need proper legal advice because I don't really think you have the skills to resolve this yourself...

EDIT: Are you still using them to manage your property???
 
Yes...I asked the insurance company what's the best thing to do. The insurance company recommended to stay with them as they might make it hard to file the insurance claim.

Do you mean we need a lawyer? why?

Because frankly, you seem to have no idea what you are doing. I can't believe you are still with the same PMs for one.

Maybe you can hire a new PM and they can help you out.
 
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