Tenant trashed garden with a bobcat :-(

Called up the real estate agent about a month ago to let them know that we would be inspecting the property. This tenant was the only tenant we had in the place since we moved out and had been there for 3 years. The tenant gave notice as soon as they found out we were coming.

Got the pictures a few days ago, we had it setup like a small rain forest with ferns and palms, we had tree snakes, spotted marsh frogs and the odd blue tongue lizard used to visit not to mention a heap of cane toads. We had a small water fall that fed two ponds which flowed through a little creek to a catchment area that had a submersible pump in it. We had some of our wedding photos taken in the garden. The garden required very little maintenance and water.

All the plants and garden beds are gone, the 50mm poly pipe from the submersible pump to the water fall is gone, all the lighting is gone. I called up a neighbour and they said that it had been cleared with in 6 months of them moving in, they witnessed them up there with a bobcat. The tenant owned a small bobcat and a digger. We are going up to inspect the property but I wish we had of done it sooner. The RE always said they were great tenants, the neighbour's have a very different story, the neighbour's now have my phone number.

I have a suspicion that they may have used the plants on landscaping jobs or sold them at markets. The bond won’t even come close to replacing all this not to mention all the other damage that has occurred in three short years. We are very disappointed with the RE they should of picked up on this allot sooner, I should ask them to refund their management fee.

Hopefully I can claim all this on insurance, if i cant can i ask the RE to claim it on there's? Should i sack my RE?
 
youmost certainly should sack your RE

first i would get the forwardign addresses of the tenants and pursue them thru the courts. a mate recently did this. He has sent the guy into bankruptcy (thinkignhe could get away with it by this) but next in his target is the wife who was also on the lease

losing your job and not paying rent or being a bit of a grot is just life, but what these guys have done is theft and a smack in your face

in fact could you report them to the police?
 
Sounds like the PM is a complete muppet. How could they either a) not notice, or b) ignore the fact that the whole backyard was being systematically bulldozed?! :eek:
 
Got the pictures a few days ago, we had it setup like a small rain forest with ferns and palms, we had tree snakes, spotted marsh frogs and the odd blue tongue lizard used to visit not to mention a heap of cane toads.


Goodness!!! :eek: I think your tenant may have been doing you are favour in blowing away a potential habitat....

The Y-man
 
While I agree that a high maintenance garden may not be a good idea for an IP; where exactly do you draw the line? What your tenants have done is nothing short of vandalism. And most likely theft. And your PM has let you down badly.
 
Scott is on the money, it was our PPOR that became an IP. The PM still hasn't got the balls to talk to me. One of the office girls sent an email say they have held the bond and will be employing a landscaper to re-establish the garden. I doubt the bond money will even come close to the cost of replacing all the palms and ferns. The plants were well established and i will be asking them to replace the plants with ones of a similar age.
 
If a neighbour (better if two neighbours) witnessed the use of the bob cat by the tenant to destroy the garden, then you would be able to prosecute the tenants using the neighbours as witnesses.

I'd talk to a soli about this. The PM has not fulfilled their contractual duty.

Even if you don't get any money out of the tenant, they deserve the hassle.
 
I'm with WW. Get some legal advice. Don't let them get away with this vandalism. Make these people accountable.
Also would be re-reading your PM management agreement re inspections. This should have been picked up by them soon after it happened. Make them accountable as well.
Good luck. :)
 
i'd be raining hellfire and brimstone on both the tenant and the PM.

they would regret the day they ever knew me - for a very long time.
 
Called up the real estate agent about a month ago to let them know that we would be inspecting the property. This tenant....had been there for 3 years....a neighbour said that it had been cleared with in 6 months of them moving in


No worries, just pull out all of the detailed inspection reports from the PM, you have at least 5 of them for the last 30 months since they trashed the garden sitting in your draw, and compare it with the initial condition report - too easy.

Without these reports, a sane member at Tribunal might rule that you don't have a leg to stand on as you have been asleep at the wheel. Nothing would surprise me.


The bond won’t even come close to replacing all this not to mention all the other damage that has occurred in three short years.


Not only that....but you don't even have the Bond in your hand to use, and neither does the PM !!!! You'll need the Tenant's signature first.


We are very disappointed with the RE they should of picked up on this allot sooner, I should ask them to refund their management fee.

Which exact section of the agency agreement - written by the RE's solicitor for their sole benefit, do you intend relying upon ??


Hopefully I can claim all this on insurance, if i cant can i ask the RE to claim it on there's? Should i sack my RE?

I fear these questions are about 3 years too late. The horse has bolted years ago Nic0. Perhaps a bit of lawn bought with the Bond if you ever get it might be the best you could hope for.

Your options are very ugly indeed.
 
I also think you have a good case against the PM and would be asking for the entry report and regular inspection reports that you have paid good money for.

However, you don't need the tenants' signatures on a refund of bond form (at least in Queensland). Get the form in and ask for the whole bond. If the tenant has not signed they will be written to and they then have to fight for what they think they are entitled to.

Of course, you will have to rely on the PM to get the form in before the tenant gets their own form in, which will mean you have to fight for what you think is yours. Your PM has been pretty slack up until now, so I would email them with a read receipt that under NO CIRCUMSTANCES are they to allow any bond to be released.

Then try to get them to fix your garden :).
 
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Sue the agent for costs of damages or take them to the Tribunal. I dont know about other states, but in NSW theres the CTTT where your case can be heard against your agent. And usually in the CTTT the agent is guilty until proven innocent
 
Firstly forget the negative doomsayers in this thread who don't have a clue what they are on about.

YOU ALWAYS HAVE A LEG TO STAND ON - IN FACT 2 OF THEM!!

I myself was put in a slightly similar position a few years ago. I had a very nice IP with veneer timber floors. A strict condition of tenancy was NO DOGS.

About 7 months into their 12 month lease I had been having massive issues with $$ mistakes the REA had been making and wanted to meet with the tenants to see if they were ok with me taking over the management as the PM was totally incompetent - my father is an accountant and I had them over a barrel.

Anyway when I went there no one was home and a dog was barking at me from the back yard....not a good sign. Anyway I complained to the REA, they inspected and the tenant denied all...obviously I just imagined it...duh.

The tenant gave notice and left and the new tenant found dog sh$t in the house and all sorts...but no real damage and it cleaned up ok - but the photos of the house were very few, but there was ZERO mention of any damage to the property. Against my better judgment I decided to let the REA keep managing the property...why? Coz she was a friend of a friend and all that.

Anyway a long story short 3 months into the second tenants lease I visited the lovely new couple and noticed immediately the floors were scratched to buggery.

I sold floors for a living...ironic.

I told the REA company they either paid me $3000 cash to re-sand the floors - or I would sue the living sh$t out of them for a completely new floor ($9000) and then go to all the local papers etc.

They paid the $3k in cash. I got the floors done for $1400.

A win for the little guy!

<KS>
 
Firstly forget the negative doomsayers in this thread who don't have a clue what they are on about.

There's a positive call for ya. Good work. I freely admit I have no clue, dunno 'bout the rest.


I myself was put in a slightly similar position

Perhaps your slightly similar experience carries no weight in this case.....hard to say over the internet without knowing all of the relevant facts.
 
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