Once had the challenge of finding a tenant for a property beside the railway station and beside the railway line.
Advertised it as a great home for " train freaks ", set the rent high, and bingo – had my pick of 2 good applications. The better applicant had worked for the railways for 40 years, still did,  and loved the sound. You could advertise home for rent by billboard facing the passing trains.
They're out there.
good luck
cheers
thecrest

Glitch – edited due to duplicated posting

Well done Shaztaz, those details will come in very handy.
2 or 3 requests ( if there is an existing relationship then they are instructions by the way ) to your own solicitor to rectify their own mistake is more than enough. After that, the whole matter should go to a higher authority.
cheers [thumbsdownanim
thecrest

PM should get a quote on cleaning and repair, then assess what amount should be demanded from the outbound tenant.
If the PM & tenant can’t agree, then the PM should arrange a Tribunal hearing and ask someone else to decide the outcome. In this case, the PM has the responsibility to produce clear photographs of the situation together with several quotes for the cost of repairs and cleaning, plus the inbound & outbound Condition Reports to back up the claim.
The PM can demand costs for cleaning and repairs above and beyond reasonable “fair wear’n’tear “. The ” fair ” part of FWnT differs with the nature of the tenant e.g. more WnT is allowable for the tenant if you rent to someone with 4 kids rather than a couple with no kids.
good luck
cheers
thecrest

This should be handled by a solicitor, even though it may appear simple and straightforward.
The Residential Tenancies Act provides laws relating to leases, but may not cover options to buy, and you need to be sure that the act of terminating a lease, whether done by mutual consent of the parties or by a Tribunal, actually extinguishes the option to buy as well. A breach of a lease does not in itself terminate a lease, and one party to a lease cannot terminate a lease. That can only be done by mutual consent, a Tribunal or by a time clause in the lease such as a fixed lease period. But, in the case of a terminated lease, you really need to be sure the right to buy option is extinguished before moving forward.
cheers
thecrest

ensure that the mental condition of the client is such that the client is capable of protecting his or her interests, and

How are you meant to do this ?
Do you request a recent psych report ?
Howzabout a literacy & numeracy competency test ?
Whatever happened to caveat emptor ?

All sounds like swiss cheese to me.

good luck, hope you wrappers can plug the holes.

cheers
thecrest

Hi Cutegirl
Your Propertyy Manager has not acted properly. This is pretty tough on you, sounds like you’re not ready to do the PM yourself, and you’re battling on your own.
Ask your PM for a written explanation of how they handle rent arrears, specifying exactly what they do in stages to address the arrears problem up to thirty days in arrears.
Whatever their answer is, they’re dead in the water.
Talk to the owner of the Agency. If it’s not fixed at their cost,
find another property manager fast. If you can’t do PM yourself, and the PM isn’t doing it for you, then you need a new and good PM fast.
cheers
thecrest

Hi Gamay
You obviously have all the info to make an assessment, so I hope it is a success for you.
BTW, not sure about other states, but in NSW, the Dept of Housing can assist. It goes like this. Tenant is in arrears not more than 4 weeks. Landlord issues a termination notice. Tenant asks DOH for help, attends an appointment at DOH & provides Bank Statements etc. DOH will give landlord up to 4 weeks rent gratis, not repayable by tenant or landlord, in order to rescue the tenancy and keep a roof over the tenant’s head so the tenant does not become a bigger problem and require emergency housing. Landlord must provide written confirmation to DOH that if the rent arrears are paid, this current matter of arrears and breach of lease is resolved and the Termination Notice becomes invalid. This help is available to that tenant once per calendar year. Nice to see our taxes hard at work.
If you need to access the fled tenant’s bond, do so, because the DOH will also provide 4 weeks bond for your remaining tenant if necessary. Keep paying your taxes everybody, we can use these safety nets ourselves sometimes. [thumbsupanim]
cheers
thecrest

There can be no such thing as paying last week’s rent when earlier weeks remain unpaid. It causes confusion and difficulty in writing rent receipts because you don’t know what paid periods to put on the rent receipts . Also, if the tenant owes say 3 weeks, and you give her a rent receipt showing last week’s rent is paid, she can use it in a tenancy application else where to show that she is paid up to date.
Best to be firm and not be the soft touch, as you’ve probably noticed, the soft touch gets the squeeze. She must assess her situation, and arrange payment or move into more affordable accommodation. Whoever said “issue the notice to vacate immediately” is correct, then start discussions. Unless you enjoy doing social work and making large charitable contributions.

thecrest

Looks like OTEN provides the full accredited course to the stage of The Dept Fair Trading issuing a licence to be a Real Estate Agent ,
Here’s the quote from OTEN :
Course No.9673 Property (Real Estate) $1050 AUD
Mid-year rate $525 AUD
Diploma (AQF)
National Code PRD50101
cheers
thecrest