Yes it has been almost 2 years
Yes it has been almost 2 years
No, I wasn't able to get anything back, as my PM took things in cash, with no paper trail. He would actually drive to their homes to collect it, so even the staff in the office had no idea anything was amiss. It was his word against the tenant(s), as to how much was paid. Plus, things like no bonds lodged were only found out after tenants vacated.
did that person get charged by the police?
Even if the rent was collected in cash, it is the responsibility of the agency to deposit the collected rent into the trust account and to then pay it to the landlord.
If the correct process isn't followed, the agency is responsible and their license can be withdrawn.
If its in NSW you'll need to apply with the office of fair trading for compensation.
They need a copy of the rent ledger and a copy of your bank statements to show that the money wasn't deposited into your account.
I'm not sure. It was a long time ago now.
JameZ - thanks for your kind words. we're making some progress at the moment, but all goes very slow. fingers crossed we'd get possession of the place in the next few days...can't wait really to sever the last tie with the incompetent agent.
I was told earlier this week by our now PM about drama of moving the management agency of our Guildford property from them. This management was moved effective 15th Jan 2015, but apparently it took the the new PM 5 tries to get hold of the files, and even now they're still chasing some documents:
1st try - new PM came in person to the office to retrieve file (after calling the day before and move letter sent the previous month). couldn't get file as their PM was not available and nobody else knew about it.
2nd try - talked to their PM and was told that file will be sent by post on the day to new PM.
when file didn't show up in the mail after few days, new PM called again. apparently it was never been sent! so another appointment is made to retrieve the file in person.
3rd try - new PM came in person again to the office and again failed to get the file, as their PM was away again and nobody else knows about it.
4th try - talked to their PM and was told that someone from the company happened to have an inspection around new PM's office area, she would drop the file personally to new PM. nobody showed up that day.
5th try - new PM came in person again to the office last friday EOB and at the end managed to secure the file.
upon checking, new PM found that many things were missing from the file incl. bond documents, copy of front door key and also tenant contact numbers, so they're now following these up with their PM. new PM also informed me that rent was currently not updated, so they would sent a warning letter to tenants. I requested new PM to also ensure that all documentations are complete (ie. ingoing report, inspection reports, ledger, etc.), just in case things went south with the tenants and we need the docs later for insurance claim. this way we won't need to wait or be in contact with the company again for any document in the future.
I was told earlier this week by our now PM about drama of moving the management agency of our Guildford property from them. This management was moved effective 15th Jan 2015, but apparently it took the the new PM 5 tries to get hold of the files, and even now they're still chasing some documents:
1st try - new PM came in person to the office to retrieve file (after calling the day before and move letter sent the previous month). couldn't get file as their PM was not available and nobody else knew about it.
2nd try - talked to their PM and was told that file will be sent by post on the day to new PM.
when file didn't show up in the mail after few days, new PM called again. apparently it was never been sent! so another appointment is made to retrieve the file in person.
3rd try - new PM came in person again to the office and again failed to get the file, as their PM was away again and nobody else knows about it.
4th try - talked to their PM and was told that someone from the company happened to have an inspection around new PM's office area, she would drop the file personally to new PM. nobody showed up that day.
5th try - new PM came in person again to the office last friday EOB and at the end managed to secure the file.
upon checking, new PM found that many things were missing from the file incl. bond documents, copy of front door key and also tenant contact numbers, so they're now following these up with their PM. new PM also informed me that rent was currently not updated, so they would sent a warning letter to tenants. I requested new PM to also ensure that all documentations are complete (ie. ingoing report, inspection reports, ledger, etc.), just in case things went south with the tenants and we need the docs later for insurance claim. this way we won't need to wait or be in contact with the company again for any document in the future.
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If I ran my law business like that I would be struck off. I would liked to have heard the other side of the story (if there is one) but I expect thst we won't be- at least on this forum.
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A breakthrough at last!
Skater - I'm sorry to hear about this. It's rotten
Re. our issue, finally - a breakthrough with the property in Orange (last one with the company). I called up the Principal of the local agency we used previously, had a great chat with her and she agreed to take the property back under their management!
Note to self on another lesson: don't just talk to person in charge of the dept, but move up the command chain to the person at the top, as they're the one who have the final decision.
So yesterday, we promptly moved the property management back to the local PM. Local PM is currently seeking access to the place from them, but will changed the lock if couldn't get access within a couple of days. The company is unfortunately still playing games at this stage. They asked local PM that I wrote to them to formally inform of management change. But when I did this, I got an email back saying that they would only act to DFT instruction and asked me to put through this request via DFT! :roll eyes: I'm just speechless....
Anyways, all should be on the way up from here and we can move forward with insurance claim, restoring the place and then getting new tenants in or selling it. It'd still be few more weeks or so until all things are done, but at least the toxic bit is now almost over. We'd still need to deal with the company re. documents required for insurer and re-lodgement to NCAT for rent owed (they put a wrong number which was $3k+ lower than what's really owed), but hopefully that's all with this firm. We have a tribunal hearing scheduled on mid-month to seek order to get access to those documents and to get NCAT re-lodgement done, if we still don't get these things by then.
Skater - I'm sorry to hear about this. It's rotten
Re. our issue, finally - a breakthrough with the property in Orange (last one with the company). I called up the Principal of the local agency we used previously, had a great chat with her and she agreed to take the property back under their management!
Note to self on another lesson: don't just talk to person in charge of the dept, but move up the command chain to the person at the top, as they're the one who have the final decision.
So yesterday, we promptly moved the property management back to the local PM. Local PM is currently seeking access to the place from them, but will changed the lock if couldn't get access within a couple of days. The company is unfortunately still playing games at this stage. They asked local PM that I wrote to them to formally inform of management change. But when I did this, I got an email back saying that they would only act to DFT instruction and asked me to put through this request via DFT! :roll eyes: I'm just speechless....
Anyways, all should be on the way up from here and we can move forward with insurance claim, restoring the place and then getting new tenants in or selling it. It'd still be few more weeks or so until all things are done, but at least the toxic bit is now almost over. We'd still need to deal with the company re. documents required for insurer and re-lodgement to NCAT for rent owed (they put a wrong number which was $3k+ lower than what's really owed), but hopefully that's all with this firm. We have a tribunal hearing scheduled on mid-month to seek order to get access to those documents and to get NCAT re-lodgement done, if we still don't get these things by then.
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What bunch of morons. Sounds like its a leaderless train wreck who are either A) utterly clueless or B) being difficult for the sake of being difficult.
DFT doesnt need to be involved, you can end your agency agreement with written notice per the agreement.
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cu@thetop, I don't understand either how the company thought they could get away with treating paying client this way! I'd also love to hear the other side of the story - if there is one, and what could possibly caused such a level of service or lack thereof.
I mean what we experienced were very serious 'service defects' here. I also heard some bad experiences with them from other SS-ers via this thread and PMs. We put our issues down as possibly teething issues before, but reality suggested much more serious issues with the company which definitely is not teething in nature, and I suspect not only caused by one or two incorrect recruiting decisions either (I dealt with as many as 5 of their PMs along this process).
The worst from the experiences are actually the attitudes I had to deal with from some of the senior PMs and especially the licensee in charge. From ignoring contacts or requests to contact back, to things that I considered very childish and unprofessional, like pretending not being able to hear my voice over the phone when discussion got difficult, created what I believe was a mock-up email to proof that they had contacted me previously, and at one point even insinuated to DFT that I only interested in claiming insurance and told DFT officer that I 'received big payment' when our other Orange property was burned down sometimes back! Shocking shocking things!
(Note: that other property was burned during tenant domestic dispute, there is a thread in SS on this for anyone who is interested to know more about it).
Things and disputes happen in the course of doing business. But when they do happen, I believe the fastest and easiest way to move forward will be to acknowledge and/or diffuse the issue (e.g. apologise) and then lay down plan forward to solve the issue. I feel that in my dealing with them so far, issues were made much more complicated with all these useless 'games' and ego of the some of the people I dealt with. Very unpleasant. Definitely not an experience I'm keen to repeat.
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Thanks Michael_X, for your kind words. I enjoy your story a lot btw, great stuff!
DaveM, yes I'm not sure what's going on in that shop. It has potential, but something seriously wrong is going on there.
Yes, I know that we don't need to involve DFT in management move. We only need their help (and NCAT) now in getting documents required for insurance claim.
Re. The company asking me to put in my request through DFT, I think they're just like you said - being a pain for the sake of being a pain. Local PM is just trying to save me a bit of change-lock $ now, but will go ahead with lock change if don't get access in a couple of days.
Thanks for all your advise and help so far.
DaveM, yes I'm not sure what's going on in that shop. It has potential, but something seriously wrong is going on there.
Yes, I know that we don't need to involve DFT in management move. We only need their help (and NCAT) now in getting documents required for insurance claim.
Re. The company asking me to put in my request through DFT, I think they're just like you said - being a pain for the sake of being a pain. Local PM is just trying to save me a bit of change-lock $ now, but will go ahead with lock change if don't get access in a couple of days.
Thanks for all your advise and help so far.
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If they are doing what you've said in the post, then follow it up with the OFT, unlodged bonds is a breach of the act, not issuing receipts for rent is another and the list keeps growing.
