Useless Property Manager

[matt353]

I have a few questions and hoping that a few may have a answer that will fit

I have had a property manager looking after my place and the rent is well and truly behind from the tenants. I have spoken to them and they always say oh its in the bank but wasn't avaialable on the day when we were to pay you.
There is 2 weeks left on the lease and I have been trying to contact the manager with no luck, wont return calls emails nothing

what are my ground for sacking the manager and picking up the keys to my property ???

 

[Lil Skater]

You've spoken to the tenant, or property manager about the rent?

I'm assuming you're in Perth, in which case you'll need to go through your management agreement with your agency and see if there's a notice period or conditions to taking back the management of the property. The management agreement is not connected to the lease.

Make sure you've read through the tenancies act so you know how to effectively manage your property.

 

[Sez]

I hope it's the tenant that you have been speaking to because your Agent will be using a trust account and as such the funds should always be available to pay you unless the tenant hasn't paid. I would have that investigated if it is the agent.

 

[Scott No Mates]

... as such the funds should always be available to pay you unless the tenant hasn't paid.

The agent can only disburse clear funds ie monies received by cash or cleared cheques or eft. If non-cleared funds are disbursed & bounce this must be reported to fair Trading/v-cat.

 

[sarahodesk]

I have a few questions and hoping that a few may have a answer that will fit

I have been trying to contact the manager with no luck, wont return calls emails nothing

It looks like this is a common trend in Perth. My PM in Willetton hardly replies to any email, and never gives a call back. Recently I sent an email notice to sack my PM with cc to her Boss, no reaction/reply from them as if they haven't even received any email .

 

[Sez]

It looks like this is a common trend in Perth. My PM in Willetton hardly replies to any email, and never gives a call back. Recently I sent an email notice to sack my PM with cc to her Boss, no reaction/reply from them as if they haven't even received any email .

Always request a 'read receipt' on your emails if you can so you know that they've read it. (if they send that back!).

Most common complaint I have from Landlords coming over to me is a lack of communication from their old agent so I don't think it's just Perth!

 

[Burramys]

NSW has the Electronic Transactions Act 2000, http://www.austlii.edu.au/au/legis/nsw/consol_act/eta2000256/. See section 13 A.

Victoria has the Electronic Transactions Act (Victoria) 2000, http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/LTObjSt6.nsf/DDE300B846EED9C7CA257616000A3571/2D462C965077B147CA25795800046737/$FILE/00-20a003.pdfbookmarked.pdf See section 13 A.

WA has the Electronic Transactions Act 2011, http://www.slp.wa.gov.au/pco/prod/FileStore.nsf/Documents/MRDocument:23922P/$FILE/ElectronicTransactionsAct2011-00-c0-01.pdf?OpenElement For variety, see section 14, which has similar details to NSW and Victoria. Other states and territories probably have similar legislation; they tend to copy.

All say pretty much the same thing: when the message is capable of being seen it is deemed to have been received. Important emails have the despatch details copied to a second file, and sometimes printed, to evidence that the email has been sent.

 

[jenni_nextplace]

Find yourself a new property manager and get them to buy the old property manager out of the contract and handle the change over for you at no cost to you. Most will do this as they want your business.