Forum Replies Created
” 2) This Act does not apply to any residential tenancy agreement —
(a) where the tenant is a party to an agreement for the sale and purchase of the premises; “What about later, when the agreement for the sale and purchase has been completed , are they no longer a party to an agreement to buy or sell because it’s been and gone, ?? They no longer own it, and there’s no agreement. how long do they remain in limbo ? Sounds ridiculous. It’s bad enough being subject to the Residential Tenancies Act, but it’d be hell without it.
What act tells the parties how to act ??.
somebody put me out of my misery. [blink] [arrowhead]
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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” COUNT SHEEP “
” FLOCK INN “
” Z BEDS “
” http://WWW.ZZZ ” easy to find on the net
Do you have any breakdown of the type of tourists and backpackers who are staying in the area ?
What is the main country of origin ? Age brackets ? etc. If for instance, the main group are British, which it seems they are in regional NSW at the moment, then perhaps it might help to name and aim for that market initially. Later, once the business is established and well known, it won’t matter what you called it when you opened.Good luck.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Hi AnnaB
I guess the magic question is ” why is the owner selling ? “
If the owner is the butcher, it’s a worry.
If not, has the owner offered the property to the butcher ? If not, why not ?
Is the butcher willing to enter into a long lease like 5 x 5 ? If not, why not ?
Is there a supermarket in town ? Has it improved lately ? Is the butcher near retirement age ? Health ? Travel plans ? Ask him if he owns any other properties in town. Through LPI search the town or NSW & see what other real estate he owns and when he bought it. Some unscrupulous business people try to sell while they are still the tenant because the property is worth much more with a stable tenant in it. Beware – If the butcher leaves and there is no replacement tenant, the value of the property drops immediately because it is not income producing.
Do your homework, hope it’s a goodie.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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If the PM breaches the managing agency agreement, it’s an issue anytime. Heaven knows they’ll let you know if you are the one to breach it.
If the breach is serious in terms of big dollars such as overpriced repairs or overservicing or repairs you could have done yourself for less, then ask for the difference as a refund, or settle for half. Lost income is a good slap on the wrist for a PM, and the PM’s boss the licencee will probably see the expense and caution the PM.
That’s probably the amount you would be awarded if it went to adjudication.
If the repairs were necessary, well, the job has to be done, and at least they acted. However, I would let them know that the managing agency agreement is not to be ignored.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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In NSW, IMHO, if the matter of the lease was adjudicated on by the CTTT, the tenant would be within his rights to assume that since the now landlord did not specifically mention exclusion of the maintenance cost or breakdown cost of air conditioner prior to the time of signing the lease, then the tenant could reasonably expect that the airconditioner stays in the house and therefore it is the liability of the landlord. Same with the TV aerial, stove, HWS etc etc. It’s a case of WYSIWYG. This is provided there was no specific mention of the airconditioner exclusion during discussions about lease back. It may be a verbal agreement, but they can stick if enough parties were present at the time.
Re the original dripping problem of the airconditioner, if it aint broke, it doesn’t require fixing. If the a/cond company is satisfied warranty-wise that the work done by the former owner is sufficient, then there is no more to be done.
NSW Tenancy Tribunals don’t like landlords moving the goalposts after a prospective tenant has inspected the premises, liked what they saw, and agreed to take the lease.
The landlord may be seen to be guilty of misrepresentation if what was offered is not what is delivered, and may be seen to be taking unfair advantage of the tenant facing the cost of moving house. At this stage, I believe the tenant is right, and must decide if it is in his interests to enforce his rights.
That’s they way I see it.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Doesn’t make sense. If it is a property that you “used to own,” and if settlement has occurred, then you are no longer involved in the sale, and you don’t own it. If a tenancy exists, then the Residential Tenancies Act applies.
Please post here urgently anything you can find out if any of the above is incorrect,
most appreciated.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Email Me | Phone Meselling motels in NSW
Hi Nobleone
Might as well move in yourself, everyone else has, and you’d have no less rights than them, and who could remove you.?
They sure have a hide. Have you cancelled the electricity, gas, phone & water. Take as many photos as you can.
In the hope that the old lady has some sway with her squatting family, I would remind her and the squatters that she will be forced to pay for the cleanup, rent, lost rent, damage and re-letting fees. And depending on the quality of the original PM’s paperwork, it should be enforceable.Hope it runs smooth and without damage.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
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Originally posted by JackHu:We are giving away the free reports and audio files by Robert G. Allen for the next 3 months. You can email me for the free reports and audio files.
Hi JackHu
Without launching into an ad or promo because I don’t want to look like I’m the employed online prompter, I have a question for you.
Excuse my ignorance, but I have to ask who is Robert G. Allen and why would free reports and audio files be desireable ? What are they please ?Is this an ad for something or someone ? If so, please PM me instead.
Thanks.cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Hi Beno999
If finances permit, why don’t you think big and buy the whole park ? They usually have a ROI of 12-15 %, not too shabby,
Lease one and employ managers to run it ?
Lease with buy option the whole park ?
Check the Business and Motel brokers websites.
There is a van park specialist called Buckley I think.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Here’s my suggestion – offer the owners the option of calling the serviceman on the basis that they pay if the serviceman says it didn’t need a service, and you pay if it did. This would serve the interests of both parties. Since the serviceman gets paid either way, he should be impartial.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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At least the aircraft din would mask the sounds of gunshots in the surrounding suburbs and sounds of blasting and digging.
cheers
crest133thecrest | Tony Neale - Statewide Motel Brokers
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Jeff’s Josshouse ?
zzzzzzzzz . . . . Z BANK ?
thecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Being Rotorua, Howzabout Mud . . . . something . .
mudbath
mudpuddle
mudlarkhow does it translate in the languages of your client base ? You don’t want someething which translates into something offensive to Germans or Scandinavians etc.
just a few thoughts
good luck
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
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Hi Dazzling
Might help to ask the local Council for permission to remove the tree because you think it might be unsafe, they will inspect and give you the all important “Official Opinion” which will cover your tail either way.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Hi Purplekiss
1. Most leases specify that the tenant must take care of the property. That would require keys.
2. Only law abiding citizens need keys, not dope growers. Maybe they want deniability, to claim they haven’t moved in yet so the hydroponics outfit isn’t theirs. Turn off the electricity in the meter box for 3 days, see what happens.
3. The tenant’s completed copy of the condition report is supposed to be returned to the landlord not later than 7 days after the lease commences. If they leave it too long, the house won’t be clean, and the condition report will be inaccurate.
4. Who are they currently renting from,? hope you already checked with that landlord, see if they’ve given notice and when .Sounds fishy, not like good tenants at all !
Hope it works out ok. Good luck.
cheers [confused]
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Hi Ezy
The photo of the tall building fell off the page somewhere.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Originally posted by cruiser:I think a bit of both is the best way. Get a PM – but monitor them. Know the law. Write breach notices yourself when you know tenants are behind.
PMs often don’t understand the relevant legislation at all. They also often don’t do even the minimum inspections they’re supposed to, as Dazzling has recounted. I recently met a woman in exactly the same position as Dazzling found him/herself, she’s decided to go the PM in the Consumer Trader Tenancy Trib (NSW) Residential division to get her out of pocket costs back.
I haven’t seen PMs work hard for their money.Hey Cruiser
Sorry you haven’t seen any PM’s work hard for their money, means you haven’t seen any good ones in action. But they’re out there, and having been a solo PM myself, I know the good ones are all underpaid considering the personal risk, flak, stress, level of responsibility, hours, skills required, knowledge required, hell – they deserve every lousy dollar they get. If it was easy, everyone would be managing their own properties.
cheers [wink3]
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Hi Zippys
It’s a free country. Great to discuss this with the tenant, after a courtesy call to the agent (if there is one). The tenancy (lease) is an essential part of the asset, so it is important to talk to the tenant and neighbours to satisfy yourself as to the quality of the tenant ( stability of tenant and tenant’s business, tenant’s ability to pay rent, credit ref or bank opinion, rent record, bond or better still a bank guarantee, all correspondence between landlord & tenant, tenant’s demands or requests).
Don’t know if Tumut is growing, holding or declining, please find out, won’t you. Lots of homework required for commercial properties. Most owners of good commercial properties don’t like to sell them. There are a few for sale in my town which are big traps for the unwary. If the tenant vanishes overnight, goes bankrupt, disappears, dies, closes the business & ceases paying & can’t be found, sends you a sad postcard from Majorca that he’s in a wheelchair with acute breathing problems, what can you do to regain control of your property and how soon and how easily can it be re-leased ?
hope it works out. good luck [biggrin]
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Hi mcgregor
Have survived the management of 3 van parks.
They vary a lot, as do the guests and the accommodation.
We enjoyed high returns on buying vans, then renting them out on site, preferring ones with showers & loos. Bought around $6K, rent $120 pw.
Where else do you get 100% return ?
However, operating a van park which provides short and long term accommodation such as caravans, by nature attracts people who are wearing ( I’m feeling charitable tonight).
Van Park managers really earn their income the hard way. There are personal risks. Centrelink pay day evenings are usually the most interesting.
There is a high level of skipping & damage.
Do a cash deal with the manager for letting, relets, % per month etc, whatever, so you’re not last priority. Hope you make some good money.
I don’t understand why any manager would let anyone else ” in ” on the lucrative van renting, but if you have entre, enjoy it.
Feel free to PM me if you want more info.
good luck
cheers [biggrin]
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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Hi Matt
They’re all correct actually, IMHO.
I’ve been a PM and know they earn their money the hard way. I wouldn’t want to do the job again, and I wouldn’t want to manage my own properties either. But, I would suggest you use a PM for say the first year, learn all you can, then run it yourself for the second year, then hand it back to PM. The real estate knowledge hard earned on the steep learning curve will be well worth the drama you usually have to put up with. It will help you deal with PM’s ever after.
good luck
cheers [biggrin]
thecrestthecrest | Tony Neale - Statewide Motel Brokers
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