URGENT Licensee terminating mgmt agreement without serving 2 months notice required

[depreciator]

Chloe, you're kidding yourself.

Have you resolved the dispute with the tenant regarding the air con? That's where all this started. Has that gone to the tribunal yet?

I hope if it has, your case was presented very clearly without all the distractions you keep throwing into the mix. The tribunal's collective eyes will glaze over if you present your case like you write stuff here.

Get the tenant issue sorted out because that's the one that is most pressing. Deal with the agent later. And forget about this sort of nonsense:

5) Plus????? anything else I should hit them up for??? Pain & suffering - have had very high blood pressure for last 6 months - requiring gym treatment so gym membership cost?? $1,000

That's just plain loopy.


After you've sorted out the tenant stuff, see a solicitor about the other stuff if you're still all fired up. When you see the solicitor, let them speak. Listen carefully to what they say.

If you want to pursue the agent, start saving now.

 

[russellpeter]

have you spoken to t he office of fair trade?

 

[Blurbman]

Hi Chloe,

While you won't probably want to hear it, and won't, given the tenor of your postings, accept it, but you would be better served by simply resolving the current tenant dispute, getting a new PM and move on.

I think you will find that if your threats are made to the current PM for 'keeping quiet' money that things will go from bad to worse very quickly.

Unless you could prove unequivocally that no PM in their position would have given you those recommendations as to reductions in rent etc, then you will have a very difficult time proving your case.

You need to remember that just because you remember something one way, that they will remember it the opposite. It then becomes a "he says v she says" argument. This may not be sufficient evidence, or even allowed as evidence in court. Things like your 'opinion' or rumours you may have heard would not be listened to in court. Even the fact that they managed a large number of properties is irrelevant. Just because they manage a lot does not mean a thing. The fact that the do have so many is in fact evidence that a large number of people do think they are doing a good job. Even if they 'advised' you to accept $5 a week less it was ultimately your decision. You never have to accept their advice.

If you decide to sue them, then it will cost you a fortune in legal costs. There would also be a good chance given what i have seen that you may have to pay their costs. Just think what that would feel like, paying the PM costs of $25,000?

I think you would be better served in dealing with your present problems with the tenant, and moving on. By all means ask them to refund some management fees, but if they say no, then accept it as a loss. It could be a lot worse, you could have tenants wrecking the place and paying no rent for months.