tenant/manager dispute

From: Ian Findlay


Hi all,

Hope someone can give me some advice as I'm stuck piggy in the middle.

Our tenant moving out of our unit yesterday due to emergency family reasons
which we are sympathetic to because we have not had any problem with her
i.e. always paid rent on time etc.
Most of the units in the block are managed by a property manager, though we
manage ours ourselves. The property manager is very new so I don't know if
he is good, bad or indifferent

The problem is that the manager has claimed that she damaged a common part
of the block (electronic gate) and demands that I deduct repair costs
(~$400) from her bond. However she swears that it was already broken and she
is not liable.

What do I do?
1. Deduct it from her bond? However is the bond for damage etc to the unit
itself, not common area?
2. Tell the PM that its none of my business and he/body corp needs to chase
the tenant herself.
3. Suggest that the body corp claims it from their insurance if it has any?
4. Pay it myself and not deduct it from bond on the grounds that as owner of
the unit I'm liable.

Ian
 
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Reply: 1
From: Simon and Julie M


Hi Ian
Question
Is the property manager acting for the Body Corp or the individual owners of the other units?
If the situation is the later then it is my belief that it is a BC matter which should be resolve by the managers of your BC.
I also believe that unless there is firm evidence that your tenant did the damage stated it would be hard to prove that She or you are liable for repairs. It may come down to an insurance claim from the BC.
Kind regards
Simon
 
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Reply: 1.1
From: Ian Findlay


My understanding is that he is acting on behalf of the Body Corp but not
100% sure.

Ian
----- Original Message -----
From: "propertyforum Listmanager" <listmanager@bne003w.webcentral.com.au>
To: <Recipients of 'propertyforum' suppressed>
Sent: Wednesday, September 25, 2002 8:10 AM
Subject: tenant/manager dispute


> From: "Simon and Julie M" <simonjulie@bigpond.com>
>
> Hi Ian
> Question
> Is the property manager acting for the Body Corp or the individual owners
of the other units?
> If the situation is the later then it is my belief that it is a BC matter
which should be resolve by the managers of your BC.
> I also believe that unless there is firm evidence that your tenant did the
damage stated it would be hard to prove that She or you are liable for
repairs. It may come down to an insurance claim from the BC.
> Kind regards
> Simon
>
>
>
> To reply: mailto:propertyforum.131717@bne003w.webcentral.com.au
> To start a new topic: mailto:propertyforum@bne003w.webcentral.com.au
> To login: http://bne003w.webcentral.com.au:80/~wb013
>
>
 
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Reply: 1.1.1
From: Manny B


Hi Ian,

I must say unless this manager has any evidence (ie. witness OR surveilance camera recording) I personally don't think he has a leg to stand on... so if he can't provide the evidence I'd give her back the bond & as Simon said see if it can be claimed on insurance (which may not cover it if it deemed to be wear & tear, but that would depend on your policy)...

Cheers,

MannyB.
 
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Reply: 1.1.1.1
From: Robert Forward


I agree with Manny.

The onsite manager probably has no evidence that it was your tenant that broke the thing. And besides it's not up to you to pay for it via the bond or your hip pocket.

They have no recourse via you to the tenant. They must take action directly with the tenant via the BC.

Cheers,
Robert

Australian Speakers For Australian Conditions
http://www.Freestyler.net.au/events
 
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Reply: 1.1.1.2
From: Simon and Julie M


Hi Ian
I believe it would be in your best interest as an investor to find out as much as you can about your BC and the relationship between it and the property managers in question.
I am sure there are a number of great lessons to be learned for future experiences.
Kind regards
Simon
 
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Reply: 1.1.1.2.1
From: Alan Hill


Certainly sounds like a Body Corporate Insurance issue.

I had a tenant back out of a villa door once........without first opening the remote control door!!! Ouch!

They admitted fault but BC Property Manager got me a new door under the BC Insurance. Didn't cost me a cent and to make it even nicer there was no excess on the insurance claim either.

Hmmm....I think I just said an insurance company was actually helpful and useful......I know......I can't believe I said it either......




:)
 
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Reply: 1.1.1.2.1.1
From: Ross Sneddon


Hi all

I agree with the comments ahead of me so far.

One point to remember is that the bond held by a Landlord is to cover, in part, the Landlord for "damage" done by the tenant which will cost the Landlord money to repair or replace.

As this alleged damage is outside your premise, you cannot deduct money from her bond to pay for it.

Let us take an extreme viewpoint. The alleged damage was done 2 km away at the local shopping centre. The shopping centre management has no claim on the bond held by you.

I would suggest that you invite the Manager to discuss the alleged damage with the former tenant.

Regards

Ross
 
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