What am I entitled to get from the PM when she stops managing my IP

Dear All

As I am dealing with the most shonky (big name PM) and I urgently need to know what I am entitled to get from them (I am going to get it myself so my new PM does not have to deal with it)

Below is a list of what I intend to ask for (all in electronic and hard copy form if I dont have it already) so I can email to the new PM due to the distance between property and my location:

1) Original rental application form completed by the tenant (I have requested it on numerous ocasions but told I could not have it) (the PM allowed the tenant to run a bs from my IP without telling me when I was considering their application) I found out by doing a little digging into the tenants name
2) Bond application
3) Soft copy and hard copy of original signed lease and the 2nd lease
4) All soft copy of rental property inspections
5) Complete copy of whole tenant ledger after final rental payment & just prior to them handing property over to me
6) Soft and hard copies of rental property increase letters
7) All soft and hard copies of letters ever issued including the termination ones(per Rental Ledger)
8) All soft and hard copies of all water bill letters (shows they breached their trust bank a.c regs
9) Soft copy of all rental property statements
10) Original signed colour copy of the ingoing photos (this has been a long term rental property with the same tenant from day one)

Is there anything else I would require, especially if I decide to sue this PM for all their breaches if I end up having to cough up money to the tenant in the upcoming tribunal hearing which has only come about because the PM have not followed my emailed instructions and have shown extreme incompetance and breached numerous legn sections.

Also as they stuffed up by allowing a 2nd pet that they never took a pet bond for and the licensee emailed me and said he would match the other pet bond out of his own pocket since it could not be added to the original bond as it had already been lodged.

Should I push to recover this bond from them the licensee now??

Should I just also just email the licensee and list their breaches and forward him a few damning emails sent to me by his PM and say how are you going to compensate me in order to not go to tribunal or go public and publish their emailed breaches. The emails I have from the PM actually are very damning to this r/e and I doubt the licensee knows about them!
 
.....I am going to get it myself so my new PM does not have to deal with it......

You don't know what you're doing and you'll probably make it worse - please, please, please, let your new PM handle it. They know how to do it - that's part of what you pay them for.
 
1) I would never hand over a rental application as the existing agent has privacy legislation requirements to adhere to and once the application is out of their hands they do not know where that information could go.
2)By bond application do you mean a transfer of Owner/Managing Agent form signed by the existing PM? As the Rental Bond Board don't send out receipts any more, most agents have online access to bonds managed by their agency.
3)Either hard or soft copy should be acceptable, the current lease would be the only one really required as the previous lease now would have no legal standing.
4) Have you not previously received copies of all inspections undertaken? If so why would you need soft copies also ?
5) Agreed
6) Again either hard or soft copy should be acceptable, you have no guarantee the agents holds both. One or the other is sufficient for their legal record keeping requirements. Copies of the letters are useless without proof of service as letters can be 'doctored' at any time.
7) This would depend on the terms of your Management Agency Agreement
8) By water bill letters are you referring to the bills or invoices sent to tenant ?? Often tenant invoices are done through the software system and no hard copies are kept - may not be easy to produce once paid by tenant would depend on the software capabilities. Should show on your owner statements once issued. Do you not receive copies of the water bills with your statements ??
9) Have you not already received these statements ??
10) Again were these not already sent to you with the lease at the tenancy commencement - most agencies would not hold original photos as they are all digital these days and depending how they do their ingoing inspections they should form part of that. I would be making sure you get a copy of the ingoing signed by the tenant if there is one.

I don't know that the agent would be required to provide hard and soft copy of these items and I also don't think if things such as statements have been provided to you in the past there would be a requirement to provide them again.

Pet bonds are not legal in NSW so I wouldn't be pushing that! http://www.fairtrading.nsw.gov.au/T...andlord/Starting_a_tenancy/Taking_a_bond.html

I would email the info to the licensee you may get an amicable agreement if they have been in the wrong. Be careful about going public it could seriously jeopardise any case you may have at the tribunal and could involve a counter claim or legal action for defamation if you handle it wrongly. The licensee has an obligation to supervise their staff so ultimately is responsible for everything that comes out of their office. LET YOUR NEW AGENT HANDLE IT!!! They are not as emotional about the situation as you.

You may also want to ask for any keys they may hold.

If you have proof of trust account breaches you should make a report to Fair Trading immediately and if the office is a franchise to their head office,
 
New agent concerns

Hi All

I was wanting to get everything myself from the current PM so I had a complete copy as whilst I was preparing the respondants tribunal submission I found out that:

1) I was not provided with one page of the ingoing report and the comments on the photocopy I have now found included in the documents printed for me for inclusion in my tribunal response I can not read

2) The PM either did not make the tenant sign the rent increase annexure which was required in return for us agreeing to a 12 month lease rather than a 6 month lease (the rent increase annexure was never acted on by the PM and I did not follow it up as the air stopped working 2 weeks before the rent was due to increase - it was for a $20 or market increase rate)

Or the PM lost the signed copy of the rent increase annexure and so therefore did not email it to me hoping I would not notice

3) The PM has forwarded personal PM/landlord emails to the tenant in which I requested advice which are in the tenants tribunal application - 2 such emails discussing a no grounds termination the PM was trying to make us do may get us into trouble at tribunal

I want to examine everything before it goes to new PM to identify anything else the current PM has done wrong so I can address if possible before it causes more potential problems.

Also given 5 PMs have mishandled my property at the current r/e agent I want a clean relationship with the new PM with no carry over issues they have to deal with which could jeopodise the new PM relationship

I am also very untrusting at the moment as you can imagine give the string of 5 PMs have all let me down as has the licensee

The pet bond was legal when it was taken (the original PM confirmed this with Dept of Fair Trading and I have an email from PM stating this) and when the PM found out they could not add another pet bond to the original bond when the subsequent lease was signed they reconfirmed to me the original pet bond still stands.
 
Back
Top