What is it with Property Managers?

[Ebbie]

Can you call the PM and make a specific appointment?

They agreed to change the date to the following week as I requested, which is good news, but I didn't have any luck with a specific time so unfortunately it's still a 6 hour wait.

Why do you have to be there? If it's because you don't trust the PM, well, they have a key and could come through any old time they want.

A number of reasons. Mainly as rugrat has said...I don't like the idea of someone going through my home while I'm not there (no matter who it is) but I'd also like to be able to point out any repair/maintenance issues. Plus with young kids around the house (and a not so tidy partner) it's hard to keep the place in 'inspection order' for a full 6 hours, with or without at least one parent at home.

If they refused both of these two options, then we would tell them 'no, the time doesn't suit us, you do not have permission to enter' - although they are entitled to do inspections, they CANNOT enter your premises without your consent.

Unfortunately this is not the case in NSW. I made some calls today to brush up on my tenancy rights and they pretty much don't exist when it comes to routine inspections. Provided the landlord or agent has given 7 days notice they can enter with or without the tenant present, and with or without a specific appointment time.

The only advice I got from the Tenancy Union was to have a friend or relative wait there if I can't make it. I'm sure all my friends and relatives would love to wait around for 6 hours for a property manager to turn up!

 

[rugrat]

glad to see you sorted something out. Did you ask if they can ring you before they do the inspection.

 

[Ebbie]

glad to see you sorted something out. Did you ask if they can ring you before they do the inspection.

No, but I might try this for the next one. Thanks.

 

[Piston Broke]

Unfortunately this is not the case in NSW. I made some calls today to brush up on my tenancy rights and they pretty much don't exist when it comes to routine inspections.

The LL has the right to conduct inspections.
It is the PM's responsibility to do the inspection.
NOBODY has the right to enter your home without your permission. Period.
A lazy PM who does'nt plan their day should not be the problem of the tenant or LL. They like to impose their conditions on both as if they were written in stone when it's all their own BS.

LL won't renew lease? And how many weeks of rent per year are they willing to lose for lazy PMs?

I would give them a day & time and ask them to be there.
Or the a 1 hr window on the selected day they suggest, or another one close to it.
If they were to do such a thing as use a "master key" to enter without my permission, I would call the cops and report a break & enter.
And I'd even wait for them round the corner with my video camera as evidence.

And yeah, I'm a LL.

 

[jaycee]

The LL has the right to conduct inspections.
It is the PM's responsibility to do the inspection.
NOBODY has the right to enter your home without your permission. Period.
A lazy PM who does'nt plan their day should not be the problem of the tenant or LL. They like to impose their conditions on both as if they were written in stone when it's all their own BS.

LL won't renew lease? And how many weeks of rent per year are they willing to lose for lazy PMs?

I would give them a day & time and ask them to be there.
Or the a 1 hr window on the selected day they suggest, or another one close to it.
If they were to do such a thing as use a "master key" to enter without my permission, I would call the cops and report a break & enter.
And I'd even wait for them round the corner with my video camera as evidence.

And yeah, I'm a LL.

I just figured the point of their letter is to give you notice required to allow them to enter - unless you say no, it's deemed ok, so I'd ssumed if you received the letter but didnt say no, they had your permission

I'd ring and set a time - come on PM, you can always set a time at least a shorter timeframe... some people are hard to deal with that's all

 

[Piston Broke]

I'd assumed if you received the letter but didnt say no, they had your permission

BS. Absolutely not.
They cannot tell you they will enter your property without your approval unless you say no.
And you can always tell them they don't have permission to enter unless you are there.

 

[jaycee]

(edit out something wrong)

A request to make a suitable appointment time is not so terrible a thing to expect a PM to honour the few times it pops up, couldn't be that hard to make the effort.

But I still expect the initial contact to be along the lines of 9-5 Monday if you're not there we'll use the key

 

[Ebbie]

NOBODY has the right to enter your home without your permission. Period.

You sound very certain of this and I'm more than happy to be proven wrong, however it's not the advice I received today from a body supposedly protecting 'your rights and responsibilities as a tenant'.

So how do you interpret the info on the Dept of Fair Trading website?

http://www.fairtrading.nsw.gov.au/T...vacy_and_security.html#Access_and_inspections

The landlord, agent or any person authorised by the landlord may enter the premises only in the following circumstances:

•to carry out a general inspection of the premises if the tenant is given at least seven days notice. There can be no more than four inspections in any twelve month period.

The list goes on, including the last point:

or •if the tenant agrees.

To me the 'or' suggests they can enter if any one of the listed conditions are met, such as the 7 days notice. If they are not authorised to enter without permission shouldn't the 'or' be written as an 'and'?

 

[Ebbie]

http://www.tenants.org.au/publish/factsheet-08-access-privacy/index.php

Can the landlord/agent enter when you are not home?
If proper notice with a proper reason is given, then the landlord/agent can enter when you are not there.

Refusing access
If you have not been given proper notice you have the right to refuse access.

If you have been given proper notice, you do not have the right to refuse access to the landlord or someone else with their written permission. However, you may negotiate a more acceptable arrangement (e.g. allowing potential buyers access 5pm–6pm Wednesdays and 11am–12noon Saturdays).

 

[Piston Broke]

I also stated the LL has a right to inspect the premises
And the tenant has the obligation to allow such inspections.

My point is imo it's wrong (and not entirely lawful imo) for the PM to just send a letter in the mail and state "I'm coming wed xx/xx/xx and if nobody's their I'm gonna just help myself in" and not give a reasonable time frame.
I can be a pretty tuff LL and don't have much tolerance for non payers or property damage, and I've never rented so never been in this situation.
Good luck with it.

 

[rugrat]

I also stated the LL has a right to inspect the premises
And the tenant has the obligation to allow such inspections.

My point is imo it's wrong (and not entirely lawful imo) for the PM to just send a letter in the mail and state "I'm coming wed xx/xx/xx and if nobody's their I'm gonna just help myself in" and not give a reasonable time frame.
I can be a pretty tuff LL and don't have much tolerance for non payers or property damage, and I've never rented so never been in this situation.
Good luck with it.

yep, the tribunnal doesn't take the kindest veiw of this either. There is a difference between a tenant who is just not allowing access AT ALL, and one who wishes to be present when it occurs.