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on the bright side, it will be a good tax deduction
There's a positive call for ya. Good work. I freely admit I have no clue, dunno 'bout the rest.
Perhaps your slightly similar experience carries no weight in this case.....hard to say over the internet without knowing all of the relevant facts.
No - put bluntly you really dont know what your on about. You should not scare the hell out of people saying - tough luck let the scum walk all over you - which essentially is what your post said, or ended on at least.
What happened to Nic0 was the result of gross neglect and failure to adhere to a contract by the the REAgency he used via the PM - who is their agent in the matter. You cant accues Nic0 of "asking questions to late" - its not his job to - thats why he PAYS a PM to represent him in a professional capacity. The fact they said there was nothing wrong with the property for such a long time proves they were FRAUDULENTLY claiming to have done inspections...which is actually criminal as said inspections constitute a part of the charges to manage the property. I mean he even has witnesses!
My case was similar for this reason - they didn't properly inspect the property for 8 months - in Nic0's case X years. And exactly like Nic0 my neighbors backed me up about the dog.
Nic0 if you dont get justice from the tenant then you have the REAgency over a barrel - and they know it. The words "I will sue your a$$" sounds like something from a movie but when your in the right they have the desired effect. Tell the agency simply = get it back the way it was from the tenants pocket - or its coming from yours.....plus court costs. And give them a time frame and do it all in writing.
The REAgency I got the $3k off was in the Kwinana paper 3 months later - they were being sued by 2 other landlords for the same thing I experienced.
<KS>
It really sucks that they bulldozed what was once your ppor's exotic garden!
Doesn't landlord's insurance cover this sort of thing if the tenants don't pay for it to be fixed?
I think you will find TPFKAD was giving a blunt (but accurrate) assessment of what is required to successfully mount a case in any rental tribunal. Does that make him a doom and gloomer?
I just picked up the bit in your post though that you claimed for $3000 damages for a job that only cost $1400 to do! (under threat of litigation). I generally refuse to have REA as clients in my litigation practice but if your ex managing agent was one I would have run the case on the following basis:
1.Client complain to Police re:extortion attempt
2. Dispute claim-get own quote and offer to settle for $1400
3. Whether settle or hearing your legals would have been greater than $1400 or $3000 for that matter.
4. Gone to media? Defamation suit in there somewhere too I expect.
Is claiming a 3K loss for damages of $1.4k any different than an agent saying he's done inspections when he hasn't?
Nic0,
To be honest, creating an eco mini-rainforest for an ip sounds a terrible idea.. low maintainence or not.
Reminds me of this thread http://www.somersoft.com/forums/showthread.php?t=48705
Hate to say it but I highly doubt there will be any recourse for a wrecked garden if taken to the small claims tribunal.. Or has the pm given the bond back already?
As a condition of receiving the full amount of bond the RE had to agree that they would not pursue the tenant for anymore costs and that they wouldn’t black list them on the database.
I inspected the property it’s allot worst than I thought
I have started the ball rolling with the insurance company CGU to see how much it’s going to cost me to claim.
we rent it out with "garden maintenance included" as part of the lease. Keep it looking nice with a top rent?