Hello,
We bought a property in SA which was tennated til August 2004. We arranged a property manager, the tenants wanted to leave at settlement and so we agreed. They chopped and changed their minds and wouldn’t put anything in writing.So after many refusals (about 4wks) by tenants for an inspection, we finally got one and all was fine. Same week, Property Manager sent a letter advising that the lease will need to be fulfilled and that no more negotiations on vacating.
They then went to see our PM and gave one weeks notice (NOT IN WRITING) we agreed verbally with our PM as long as it is in writing.
Basically since then our PM quit her job, but the day before she released the bond to the tenants although they still have not vacated our property. They have paid rent up to the 9th Feb and we have seen them SLOWLY moving out.
We have been intouch with the agency who our PM worked for and they are trying to wipe their hands clear of this .. No one wants to help us..
Tomorrow the agency has arranged ( by our demand for them to fix this) for the tenants by their agreement (BUT NOT IN WRITING) to hand over the keys. I keep asking what about the weeks rent? what about carpet cleaning? and damages etc..
Does anyone have any advice for me at all
PLEASE HELP !!
TrudiHi,
Legally you are somewhat in no mans territory as you will need a tribunal order to evict the tenants and in the meantime you rely on their good grace to move on.
Indeed, as the lease is technically still continuing, you have no grounds to knock on the door etc. and if you do so then you risk a fine.
Still, what I’d do is to provide the necessary 24 hours notice to inspect the property, and when you do, speak with the tenants direct and offer them cash to move out asap.
As for recovering damages etc. your best angle is through the r/e agency who left you dangling. They shouldn’t have refunded the bond in the first place, so if you want to take it further, go to the r/e agent’s body in SA.
I have a gut feeling though that in this case the outcome will be that this whole experience will be a lesson about the importance of due diligence.
Sorry I don’t have better news. Let me know how you get on.
Bye,
Steve McKnight
**********
Remember that success comes from doing things differently.
**********Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
https://www.propertyinvesting.comSuccess comes from doing things differently
I would keep on the property managers back. Even if the property manager has left keep at the estate agents till your situation is rectified.
Definitely keep hassling the agent. threaten them with legal action etc. I had to threaten mine with letters from my solicitor to them, the Fair Trading people, the REI etc. etc. Miraculously they coughed up.
there is also a website called http://notgoodenough.org/ . Check it out. You can put your grievance on there for all to see [
]. They will be contacted, and asked to respond etc. etc.Cheers
Meli agree with mel, get on their backs. have everything in writting.. so that should it have to go to a tribunal you have the paperwork to back up your claim.
shaunLead, Follow or get out of the bloody way
]. They will be contacted, and asked to respond etc. etc.
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