The squatter saga continues

[jennyn]

I previously posted about a squatter in Tenants go on holiday, squatter moves in and What clauses can I put in a lease.

I heard from the PM today at 5.30pm (Tues)

The squatter was supposed to come into the agency on Saturday and PM said he didn't turn up. Now he says squatter had to work and actually did come in about 4.30pm so I'm assuming PM went home before 4.30pm.

Squatter came into agency today and filled out application form.

PM seems to think he's wonderful!

It seems that it's all the ex-tenant's fault. Tenant told squatter it would be all right if he moved in there. Apparently tenant and squatter have "sorted out" the bond between them.

PM wants to transfer bond to squatter.

Apparently squatter has paid 2 weeks rent while he's been there. Tenant must have given him the bank account details to pay the agency.

Squatter says no more parties. I told PM I have spies there if he does and PM says squatter knows that now.

All squatter's info checks out according to PM. He's from NZ too. He hasn't rented here before. He was living with his brother a couple of streets away so he has somewhere to go if I try to kick him out.

PM says if it was his property he'd take him no problems. How convenient!

I feel PM was pushing me a bit on the phone to take him and I said I'd have to think about it.

I asked about tenant's furniture and PM doesn't know about that and guessed tenant and squatter sorted it out.

I asked PM about the electricity and he said that's something the tenants should sort out but he'd remind squatter to put it in his name if I take him on as a tenant.

Squatter is 34 and a forklift driver.

PM said he'd monitor the situation. I said you didn't monitor it very well with tenant. Then PM says I can't know everything that goes on or something like that.

I think PM is 30 or younger.

I realise it would be VERY convenient for PM if I took him as a tenant.

I'm a bit cheesed off about it all since I had a week's worth of worry and stress and now PM is saying look how good the squatter is and PM didn't seem very worried about the whole situation from the beginning.

I had to keep pushing PM to do something about, eg I need proof of abandonment so you can go to the tribunal and get an immediate order of possession etc.

I told PM about squatter ONE WEEK AGO!

Am I being too suspicious being a bit suspicious of all these plausible excuses/reasons why this situation happened and squatter seems to have the perfect answer to every question?

 

[jennyn]

P.s.

PM said squatter said the unit's okay. PM said he can't do an inspection this Saturday because squatter is working so it will have to be Saturday week!

I think PM is working for squatter and not for me.

I'm getting the feeling I'm not PM's top priority at the moment and I think I should be. I think that's a bit ridiculous, not having an inspection until Saturday week.

 

[Aceyducey]

I don't think you're being too suspicious.

Are your PM and this squatter of different genders?

Is your PM from NZ as well?

Personally I think you need to keep a firm grip on this situation.

Cheers,

Aceyducey

 

[asy]

The one thing I would like to add is, I wouldn't allow the bond to be transferred to the new 'tenant' without written authority from the old tenant.

Irrespective of how good or otherwise this guy is, that bond still belongs to the old tenant (or you, if they defaulted), and if you accept this without the proper authority, you may be in a position where the old tenant applies to have their bond released, and you are left without bond.

Otherwise, I'd leave this 'new tenant' there, give them the benifit of the doubt, and see how they go.

(I assume that their details check out as if they were applying without being in the property.)

asy

 

[crest133]

A weak PM is useless. Unfortunately it appears you have one.
There is no point in negotiating with a squatter or trying to legitimise them, just remove them, they’re never any good, and they will assign your property on to another stranger when they leave. Regain control of your property, and start again with a good tenant.
Use the PM and the Tribunal to do it legally. Cover yourself with public liability and other insurance in the meantime by writing all instructions to the PM and cc the licencee immediately in case the tenant or his guest injures themselves in your property.
Claim the bond for whatever is owing to you in the aftermath, including 2 weeks rent in lieu of notice.
PM should immediately enter premises and complete a detailed inspection with photos and send copies of it all to you with apologies and offer of free letting for the replacement tenant. Adjudication would most likely find him negligent for allowing the matter to slide so far. Sorry if my 2 cents worth doesn’t taste good, but there it is. Good luck
Crest133

 

[Lplate]

Jenny
I located your first instalment and have now read all three. It's a story of incredible gall.

That first pithy note from Jas hit the nail squarely on the head.

For interest, what prevents you from ringing the NSW Department of Fair Trading for its free, independent advice?

All the best,
Lplate

 

[wish-ga]

PM is there to act in your best interests. Sounds like they accept the squatter that they have less work to do in finding a new tennant on your behalf.

Bottom line is that the squatter did no go about buisness in the legitimate manner and as such it is SUSPICIOUS...if this is the way he goes about things now how will he conduct business once he has a lease?

Start looking for a new PM. I am sure people on this site will be able to private mail you some details is this is the way you want to handle it.

A good PM will act in your interests and do everything above board one would hope. Alarm bells are ringing...if you don't go with gut instinct it could be even more costly and distressing than just making a change now.


Good luck with whatever you decide...& no more sleepless nights I hope!!!!

 

[jennyn]

Thanks for your replies.

I rang the Tenancy Tribunal this morning. The person I spoke to said you shouldn't/can't transfer the bond across like that. The person said the proper procedure is to end the tenancy with the tenant, do an outgoing inspection, make any claims against the bond, refund the bond to the tenant.

Then get a new tenant, new inspection, new lease, new bond.

I've got an appointment to see the principal tomorrow afternoon. I've lost any confidence I had in my PM. I'm going to tell Principal that. I've also got written instructions for the principal and I've typed out the whole story to refer to while I tell him all about it and he can keep that as a copy to refer to later.

I'm going to tell Principal I want him to handle this mess personally and get it sorted out as quickly as possible. I'm going to ask him to ring the tribunal for an emergency hearing that afternoon so hopefully the tribunal can give me immediate possession on Friday.

If he can't/won't do this I'll tell him I'll take my business elsewhere. If that happens I'll probably feel like doing it myself!

 

[Gee Cee]

Go Jenny

A quick opinion having been through similar situations when younger and not so assertive.

Hassle directors / owners.
Get your bond back.
Get rid of the squatter/tennant who ever legally?
Sack present property managers.

Do any maintenance needed.

Get a new P.M. & make sure they do a good job. (If not Sack Them)

Above all ; learn from the experience, toughen up & move forward.

Happy Investing

Gee Cee

 

[Lplate]

Jenny
Good on you for contacting the Tribunal. They're not ogres are they?

Next step - to get out of the hole, simply stop digging!

What I mean is that you can take this morning to have relaxing informal chat/s with one of two other PMs in your area. Get an impression of how professional they are by reciting the saga (without dumping on anyone) and asking what action they would take (and what costs) to get a new tenancy up. What delays? Do they have tenants available?

I would expect to pay some $s for them to handle the current mess. This is above and beyond their normal fees and charges. It will be cheap expenditure if it resolves the current impasse.

If you're happy with one of them then go for it and give the principal of your present agency a simple 'you're sacked' note. I wouldn't bother seeing him because he obviously doesn't monitor his PM anyhow, or more probably, that's the way he conducts his business.

This is the quickest, easiest and best way out.

Don't be afraid to ring the Dept of Fair Trading or Tribunal if there is any grief from anyone.
Lplate

 

[sbe]

Geez, interesting one this one.....

On one hand, I can understand what the tenants have done.......Here's a different take on it....

They've had to go back to NZ on short notice (whatever reason), and rather than break lease or whatever, have arranged a friend / aquaintance to take over the property, saving you empty place, then break fees.

Being naive, they neglect to inform anyone.... eg the PM.

New 'tenant' does the right thing, pays the rent etc (but parties a little hard ), Comes in to sign a new lease when informed of requirement to do so (pitty the PM nicked off early...)

Given the behaviour of the new tenant, I can't really see any underhanded / sleezy behaviour in how they've conducted the business side of things. They've paid you etc.

Of course, I may also be looking through rose coloured glasses.

Certainly I'd avoid calling them a squatter. Squatters are nightmares that occupy your house illegally, never pay you a cent, drag everything through court to make you wait as long as possible to get your property back, usually in a half destroyed state....


Now then, the PM is another story......

What a slacker. I cant believe given this situation, they havent raced out there to do a condition report. Totally unprofessional all round me thinks.

I'd contemplate the tenant (ref check, property inspection etc etc), but new PM quick smart. No transfer of bond in this case - new bond setup. Transfer of bond is OK when they were both on lease in the first place, not in this case....

Follow LPlate's advice, start interviewing other PM's..........

Best of luck.

Simon.

 

[Ecogirl]

Hi guys
What an emotive thread. I can understand your stress with not knowing what is happening to your property and the lack of control you feel over the management of it. I think sbe does have a point regarding the tennant.

If the tennant is from NZ they may not realise the requirements (yes that is naive but they may not have rented before and trusted what their friend said). This is a business - so if the tennant is paying and does meet the bond and requirements then why not rent to them? If they no longer have noisy parties they may be able to be model tennants. Being a forklift driver should not be a problem - they get paid like everyone else and he probably will never be out of work - there are in demand in most industries.

Sometimes when we have such emotions invested it pays to take a step back and be clinical about it. I agree that the PM needs a kick up the proverbial and should not be so slack to cause you so much stress.

I think that the issue is with the PM not with the tennant. The PM should be in control of the situation. They teach the tennant what behaviour they will accept and the tennant behaves accordingly - human nature.

Sorry for the sermon....good luck and I hope it turns out for the best.

Ecogirl