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Hi Terry,
Thanks for the response, the property is in VIC so will do, however I was advised by the real estate there is no formal lease in place, nothing was signed so it's just a month to month arrangement that has lasted several years, but will have a read through – I prefer to do things by the book so I will be having a formal lease.Hi Derek,
Thanks for the concern, I have done the conveyancing myself before and also paid for it to be done, I feel comfortable knowing that I will do it correctly after all, there is no-one better than yourself to dot the i's and cross the t's..
I just haven't had this arrangement before and I wonder if there are any other DIY's conveyancers that have that can point me in the right direction!!I phoned up the consumer affairs then they transferred me through to the real estate complaint board – (this was before the latest turn of events)
For the PM not telling me about the damage and then about the arrears in rent (which began after they gave notice) equated to bad customer service, not negligence!!!
The complaint board suggested that I use them to get the property repaired, and to get it back to a rental standard, and if need be, to go to court.
I explained that I was worried about them acting in my best interests at court and I would prefer to do it alone, and they said it's daunting to go by yourself and that I should use them as that is what they are there for, but to accompany them.
With this advice in hand I see I only have these options:
1. Retain the service of the bad PM for the remainder of this tenancy, and to go to court if necessary, buy micro-manage every step.
2. Transfer the entire PM to the new PM (which means the bond documentation, lease details, repair quotes, history, contact details) to the new PM and allow them to act on my behalf and go to court on behalf of this.
3. Stop using their service and do it myself.
I highly doubt that they will pay so it's more than likely going to go to court.. and I think it will be a detriment for the new PM to take over, as they won't be across all of the details.So I guess it either 1 or 3!!!
As the bad PM appears happy enough to manage this tenancy through the end and the new tenancy to the new PM, I guess I am l leaving myself open for the bad PM to just dump me when the 14 days (there are 5 days remaining) comes to fruition or do a bad job in court!
What would you do in this situation?
Yep, already on to it.. it is a 14 day notice to vacate.. in which she says that the tenant will repair the damage and pay the rent and get the bond back…this is the 2nd time she has said this… is she in la la land???
The saga continues… the tenants have not accepted the payout figure and this means they officially have not moved out of the property… and I now have to evict them..
WHYYYYY didn't the PMs advise me that they had fallen behind on rent and this process could have been started originally..
Thanks cuteyoungchic…the contract states 14 days but I spoke with the real estate board and they said if the property is vacant I don't have to give them any notice. I stated on the day the tenants move out that I don't want them to continue so officially I didn't give them any notice.
I phoned the real estate board when they wouldn't answer my emails about rent, the real estate board said they normally have a good track record and to keep on trying.
The PM is under the impression that the tenants will try to pay the rent and damages to avoid being blacklisted.. and realistically, I am prepared to accept a payout figure now rather than go through the courts, however, I highly doubt this will happen.
The PM is now disputing the damage, and I have said to them if by their actions I incur a loss then I will be forced to pursue them. Today is d-day for the tenants paying the money… and also what I do with the real estate.
I have already contracted a different PM for the ongoing management so it is all under wraps but I am debating what to do so the clown PM's don't cost me more money.
I think I will..
I did.. I raised the whole disclosure of information with the Licensee.
He did not read my complaint properly, said the issue was rectified and that the girl in charge does a fantastic job and he has full faith.I wrote back saying read the email properly and he never responded. The tenants were due to move out in a few days so I thought hold on till then, less messy that way.
But then I found out they were in arrears, I just said end it now.
It's funny they guarantee "their service" – I am very tempted to ask for a refund
Well I spoke too soon… I should name this thread to bad PM's.
When the tenant gave the date to move out they stopped paying rent which means they are 4 weeks behind… although I asked numberous times, the PM did not advise me until the day they moved out.
The damage is not fixed, the lawn is a jungle, carpets not clean etc etc.
I have sacked the PM but as they have just done the final inspection and are trying to get arrears and damage money from the tenant. Through them I have tried to negotiate a deal.. pay x now and I won't proceed any further.
But the PM said that they feel sorry for the tenants and I hope but highly doubt that they will recover money from the tenants so it looks like I'll be taking it further. I'll find out tomorrow.
Hi everyone,
Thanks for your suggestions, the situation could be a lot worse but thankfully it's not..
The tenants are moving out and guaranteed the damaged will be fixed before they leave. This means they are responsible for the rent until I find someone else. I'll let you know how that goes.
I did a lot of reading on the legal responsibilty of PM's to landlords and was able to face the PM and told them they are not acting in my best interests and have been negligent.
I am really greatful for the help provided here because without it, I probably would have accepted their advice on the situation and have been out of pocket..
Cheers
RachelThanks Liz, an inspection was carried out today, as the property is a few hours from me I couldn't be there, but I asked the PM to take photos and original report. There is a 1m crack on one of the walls but apart from that no damage. The PM will provide me with a full report
However I have found out that the PM was notified of damage by one of the tenants(one that moved out) at the start of the month but did not advise me. Their reasoning is that as the damage was not confirmed. they booked in an inspection but the tenant did not show.
The PM is issuing a 14 day breach notice, giving me time to research properly through Reiv.
Thanks Liz for your advice, I will keep you updated
Ok, I have asked for a twenty four hour inspection .. Lets see what happens!
Can I ask, when you claim damage on insurance, do your premiums go up? What is everyone else's experience?
You snuck in again… Dwolfe.
I will organise an inspection asap
Thanks DWolfe, you just snuck in there.
One of the boys is on the lease, the other two are not. There is definately damage to the property, I will advise the PM that I want an inspection asap, not when they give a date to move out.
Thanks for you suggestion, the PM is good but at the end of the day it is just a job for them, your right it is not their money.
I think the whole neighbourhood was complaining, it must have been pretty bad for the neighbours to call.
I just spoke with the real estate, they want to wait until the tenants move out and then do an inspection to assess the damage.
Im in Victoria, and luckily the lease is in both names. I think the same is Reiv, I will call them now.
