Vacating/Exit inspection - long weekend closures?

[pipsal]

What normally happens when tenant lease ends on the Saturday of a long weekend and agency is closed for a few days?

The agent won't be working that day either so my tenants have been told just to leave the keys in the house somewhere. They won't be able to lock the screen doors without the keys, but can pull one closed behind them. The exit inspection won't happen until Tuesday (agency is also closed this day and rest of week, making a special effort to do it then).

As I understand it, I can't go in the house until the exit inspection is done or it will void the potential to make a bond claim if necessary, but what happens if when we go in on Tuesday there is damage? The tenants can say they left it in perfect condition and something must have happened in the 2 days since? They could argue that I've been in as they know I have keys, or the agent for that matter? What could the insurance implications be if it is significant damage - or if it was as a result of being left unsecured by the tenants when they left and not checked by anyone? Not trying to be alarmist, but a couple of people just pointed that out to me when I told them and I thought they raised some interesting points and that people on here might have some idea.

Hopefully there won't be a problem, but hasn't been the best tenant and nothing would surprise. So is there any standard way this long weekend vacate situation is normally handled? Any recommendations?

 

[thatbum]

As I understand it, I can't go in the house until the exit inspection is done or it will void the potential to make a bond claim if necessary...

What? No.

Get the keys and go in yourself that's what you want to do.

Just don't damage anything or mess the place up.

 

[pipsal]

Hmmm....well I told the agent I had planned to go in Sunday/Monday to see if any maintenance needed to be done and this was the response from agent: "You are more than welcome to attend the exit inspection with me but please do not go into the property prior to me having the opportunity to do the exit inspection on Tuesday as it will void the inspection and if we need to make any claims on the bond this will not be possible."

 

[impala67]

Hmmm....well I told the agent I had planned to go in Sunday/Monday to see if any maintenance needed to be done and this was the response from agent: "You are more than welcome to attend the exit inspection with me but please do not go into the property prior to me having the opportunity to do the exit inspection on Tuesday as it will void the inspection and if we need to make any claims on the bond this will not be possible."

I suppose on one hand it makes sense - as they can argue you made the mess(potential mess), or potential damage etc.; and on the other hand, it's my place I go when I want ..interesting.

 

[thatbum]

I suppose on one hand it makes sense - as they can argue you made the mess(potential mess), or potential damage etc

A tenant can argue that - and get no where because you didn't actually do that.

 

[impala67]

A tenant can argue that - and get no where because you didn't actually do that.

Which the owner will argue back...and get nowhere, i.e., he said, she said...and which is why there is legislation...as it is safe to assume this has happened before. Which is why the agent probably emailed the owner the emailed response:

"You are more than welcome to attend the exit inspection with me but please do not go into the property prior to me having the opportunity to do the exit inspection on Tuesday as it will void the inspection and if we need to make any claims on the bond this will not be possible."

Annoying for the owner really. If the agent is saying it pipsal, I would query what they are quoting it from out of interest, and listen to the agent. Especially as you may be making a bond claim.

 

[thatbum]

Which the owner will argue back...and get nowhere, i.e., he said, she said...and which is why there is legislation...as it is safe to assume this has happened before.

Annoying for the owner really. If the agent is saying it pipsal, I would query what they are quoting it from out of interest, and listen to the agent. Especially as you may be making a bond claim.

No its the agent being stupid paranoid. There's about a million other things that are more likely to be a risk when we're talking about final inspection conduct.

If you want to be crazy paranoid yourself then feel free to take some photos when you go back into the property.... and then film yourself... and then have a witness to you going back in and filming yourself too. I could go on.

 

[mattysavager]

What normally happens when tenant lease ends on the Saturday of a long weekend and agency is closed for a few days?

Firstly - your agent should not have aligned a lease end with a week full of public holidays. That was the first mistake.

The agent is working on your behalf. The lessor has every right to enter the property, and the obligation to ensure that the inspection is done within the 3 days allowed.

You may not alter the property in any way until the report is done - i.e. don't go in and start renovating it, if you want any hope of claiming anything from the tenant. Nothing is stopping you from entering and inspecting the property prior to the report being completed. The tenant has no right to know who has entered the property between when they move out, and when the inspection is done. If they disagree with the contents of the Exit condition report, when it is done, they have the opportunity to dispute it.

It doesn't void anything but a 'meddlesome' landlord can shoot themselves in the foot, so step lightly.

Matt

 

[Joe D]

Sounds pretty typical to me.

So, wait until the tenant moves out then we will go and inspect and then we will give them several days to sort out any deficiencies and then we will advise the client that we need to do "x,y and z" to ensure the property is suitable to relet and then we will actively market the property and start to show people thru and hopefully within two to three weeks we might have a prospective tenant that is prepared to move in "at a time that suits them" but it doesn't really matter coz we are still getting paid by this mug of a landlord who will accept any $hite we dish up to them .........................

 

[mattysavager]

we are still getting paid by this mug of a landlord who will accept any $hite we dish up to them ?????????...

No rent coming in = no payment to the PM.

In the time that the property is not making money, the agency is not making money. That concept is really the basis of the commission system.

I was fairly sure that Property Management firms in WA also earn commission, and are not paid a fixed fee. I might be wrong?????????

Matt

 

[Joe D]

No rent coming in = no payment to the PM.

In the time that the property is not making money, the agency is not making money. That concept is really the basis of the commission system.

I was fairly sure that Property Management firms in WA also earn commission, and are not paid a fixed fee. I might be wrong?????????

Matt

No rent coming in = no payment to the PM (but still no skin off their nose)= unhappy client = sack PM but probably need to give several weeks notice = still unhappy client and still no skin off nose PM = new PM and rinse and repeat

It is true that PM firms in WA work on commission, however, it is equally true that E & OE they will never be out of pocket, whereas the LL has to suffer both the inadequacies of poor PMs plus the loss of rent that goes with it.

The reality is that LLs in WA have to live with such low expectations of PM delivery performance that they will happily accept 8-10% PM fees for the privilege of being screwed over gently!

 

[zepth]

Which the owner will argue back...and get nowhere, i.e., he said, she said...and which is why there is legislation...as it is safe to assume this has happened before. Which is why the agent probably emailed the owner the emailed response:

There is no legislation that states the final inspection must be carried out by a real estate agent. If the owner wishes to attend the property and do their own final inspection after the tenants have handed over possession why can't they?

That being said there is no reason to be paranoid that if the inspection takes place two days later that you won't be able to claim damages. In QLD the report must be completed within 3 BUSINESS days, so if they leave on Saturday of the long weekend you have until Thursday to complete it.

 

[zimby]

Having been in a similar situation, where the tenant actually trashed the place I can sympathize.
Luckily I was able to inspect with the agent right after keys were handed back.
The biggest issue here is delays, if there is a mess then you've missed a few days where you could have organised cleaners.
This few days will turn into a week before you can take pictures( if required to let) and re-list the property.

 

[citystar]

As soon as the place is vacant and the lease has ended I would have a quick look through the property, as thatbum suggested, while filming with your mobile phone as evidence. This would be at the same time the locksmith rekeyed all of the locks or replaced the barrels and cut a handful of new keys for you, the property manager and your potential new tenants.

 

[Tom Ipswich]

The above post is correct, the Exit is completed within three business days in QLD. Keep in mind this is conditional on the tenant providing their own Exit Condition Report. There is no strict time span required if this is not handed in, though the courts expect you to complete the inspection in a "reasonable" period of time which is subjective to their interpretation. Much easier to simply complete within three days.

I would also suggest certain people who have rashly posted above double check their facts before potentially causing serious problems to Pipsal.

In QLD, no one is to enter the house prior to the Property Manager completing the Exit Condition Report. Though the tenant would have to prove that someone entered before the report was conducted, if they were able to do so, your bond claim would be null and void. You have to remember that many of the 'rules' are not written in legislation but are derived from court decisions and other sources- and are just as binding.

By your Property Managers suggestion, it appears to be a similar if not identical situation where you are situated.