What is best course of action if you buy a house and previous tenants have moved out, and left big mess in Yard, and waiting for salvo’s to come pick up toys etc in house.
If i get SKIP Bin who pays, can i drop off mess to thier place of business and say ‘here’s your stuff’
property was multi-listed, my REA passing buck to the one who listed property, been a pain, pest inspectors had to go twice, owner forgot, first time, second time agent opened it , then left..silly bugger left ‘alarm on’ though..
Y
didn’t you do an inspection before settlement? If you are sitting there paying interest on this property I would just forget the arguments and get the skip in and sort out the bills later. skips aren’t expensive anyway and you must be losing rent whilst this argument drags on?
It is actually the listing agents problem, not the conjuncting agents, so he is not really passing the buck (though they should feel some degree of empathy).
Extensive list of ‘Off The Plan’ property available for sale in Perth.John – 0419 198 856
Hi Y,
That depends on a couple of things:
a. If you have taken possession – in which case it’s probably too late, and you’re stuck with the mess and/or the expense of clearing it away.
b. If not settled yet, may be negotiable with vendor, however there is no guarantee of him/her agreeing to this; and legally (they don’t have to; or so I believe). Unless stipulated in the contract as not being “inclusions” the crap left behind becomes YOURS (oh joy!!!!!)[worried]
Look at the bright side; if YOU do have to wear the cost of the skip etc, you can at least make it a tax deduction as a preparatory means in making the property re-leasable to new tenants!!
Cheers,
Jo
Hi Y,
Be aware that you are dealing with other people’s property and there are ‘correct’ ways of disposing of their rubbish and supposedly ‘unwanted goods’.
Vaguely remember somewhere that you need to determine who owns the stuff and give notice (either directly or when the owners are unknown through public notice in the paper) that you will be disposing of the goods.
Suggest a call to the appropriate authorities or a friendly PM who will be familiar with this scenario.
Derek
[email protected]Property Investment Support Available. Ongoing and never stopping. PM welcome.
Originally posted by Monopoly:Hi Y,
That depends on a couple of things:
a. If you have taken possession – in which case it’s probably too late, and you’re stuck with the mess and/or the expense of clearing it away.
b. If not settled yet, may be negotiable with vendor, however there is no guarantee of him/her agreeing to this; and legally (they don’t have to; or so I believe). Unless stipulated in the contract as not being “inclusions” the crap left behind becomes YOURS (oh joy!!!!!)[worried]
Look at the bright side; if YOU do have to wear the cost of the skip etc, you can at least make it a tax deduction as a preparatory means in making the property re-leasable to new tenants!!
Cheers,
Jo
Makes you realise why many people use a ‘solicitor’, whereas here in the West, we’re more inclined to use the REA and Settlement agents.
REDWING
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorOriginally posted by redwing:
Makes you realise why many people use a ‘solicitor’, whereas here in the West, we’re more inclined to use the REA and Settlement agents.REDWING
Redwing,
Are you saying that people (over in the West) who use REA’s or Settlement agents (aka conveyancers??) aren’t aware of their legal rights???
Cheers,
Jo
Hi all,
Condition 11.7 of the REIWA General Conditions of Sale of Land documents states ‘The property is sold in the same state and condition as inspected by the Purchaser or the Purchaser’s agent on or immediately before the date of contract’
And 11.8 ‘The Vendor shall give the Purchaser a reasonable opportunity to inpect the Property within 7 days prior to the Settlement Date’
Quite clearly the purchaser has capacity to delay (and should do so) settlement if these conditions are not complied with. Additionally an inspection just prior to settlement is essential to ensure that there haven’t been any significant changes to the property.
A series of dated digital photos at time the contract of sale is agreed is a prerequisite and if there are issues (tenants mess) needing the attention of the vendor these can be written as coonditions of the contract.
As an aside – under these circumstances I believe that making the premises habitable will be considered a capital cost as the buildings were acquired in that state and such will not be deductible in the normal scheme of things.
Derek
[email protected]Property Investment Support Available. Ongoing and never stopping. PM welcome.
Originally posted by Derek:As an aside – under these circumstances I believe that making the premises habitable will be considered a capital cost as the buildings were acquired in that state and such will not be deductible in the normal scheme of things.
Sorry Derek, but I beg-to-differ on that note.
I was once in a similar situation as “Y” with rubbish left by previous tenants, to such an extent that I required not one, but 2 skips to clear out all the crap, and yes, it was CRAP….no point trying to notify anyone that they left their family heirlooms behind or some such notion….it was nothing short of human waste!!!
It cost me a heap to clear that stuff away, and as for furniture, even the Salvos turned their noses up at it; and you know when the Salvos get fussy, the items in questions can’t be too s***hot!!!!
I was told quite clearly (however, if the laws have changed since, I will gladly eat humble pie) that any “clean up” expenses could be claimed as part of the costs often associated with trying to re-let the premises (likened to advertising etc).
If I was advised incorrectly, please please feel free to let me know, as I (but especially my accountant at the time) is in breech of the law.
Cheers,
Jo
Hi Jo,
My reasoning (and it is only my reasoning) is based on the tax departments definition of initial repairs as being ‘remedying defects, damage or deterioration that existed at the date you acquired the property’ which are classified as being capital expenses.
Cleaning as a deductible expense more typically applies to a change of tenants scenario as I understand it.
But then I don’t have an accountancy degree either. [biggrin]
Derek
[email protected]Property Investment Support Available. Ongoing and never stopping. PM welcome.
Hi Derek,
Look, I am by no means trying to prove you wrong, or myself as right. Because in all honesty, IMO this situation is a grey area.
Correct, cleaning is a deductible expense in the event of change in tenants, and that is exactly what I was planning to do, REPLACE the tenants….I was told that had I been planning to MOVE INTO the property myself, the expense would have THEN been viewed as a CAPITAL one.
The tax department’s definition of “remedying, damage etc etc” (and I am not 100% clear here, so please forgive any inaccuracy) relates to things such as having to repaint or recarpet (due to damage or wearing). Cleaning up rubbish is not classed as remedying or repairing damage, it is simply, cleaning up!
But I guess, the real problem here is the issue of “interpretation”; how it is viewed at the time, and whom is doing the interpretting!!! [smash][blink]
BTW….I don’t have an accounting degree either!!! [blush2] The human psyche is more my cuppa tea!!! All jokes aside, your views are still valid to me, and I enjoy reading your views (reasoning or otherwise); many thanks!!!
Still think you tops Derek!! [winking]
Cheers,
Jo
Celivia’s responses in maroon
Originally posted by Y:What is best course of action if you buy a house and previous tenants have moved out, and left big mess in Yard, and waiting for salvo’s to come pick up toys etc in house.
Personally, I would just ask my PM to deal with it all ASAP meaning get rid of the mess. Pay for it and forget about it. It’s best to get that out of your life and get on with more enjoyable things. [party] [satan][sleepy2]
Later you can sort out whether or you not can claim any of the costs of cleaning it all up.
If i get SKIP Bin who pays, can i drop off mess to thier place of business and say ‘here’s your stuff’
Again, if it were me, I would just get on with it, no need to cause more stress and worry [worried] and no need to be ‘revengeful’ [rambo2] by dropping their mess at their place and saying ‘here’s your stuff’.
If they wanted it they would have taken it. Just get on with your life and forget about it.[whistle]
Keep it simple.
But then again, I might be a simple person.[upsidedown] [biggrin]Y
Celivia
Originally posted by Monopoly:Originally posted by redwing:
Makes you realise why many people use a ‘solicitor’, whereas here in the West, we’re more inclined to use the REA and Settlement agents.REDWING
Redwing,
Are you saying that people (over in the West) who use REA’s or Settlement agents (aka conveyancers??) aren’t aware of their legal rights???
Cheers,
Jo
Monopoly..
Guess that’s why ‘buyers advocates’ are becoming more commonplace, the average person, or a first-timer wouldn’t be aware of thier right’s. I believe DOCEP is a pretty ‘busy’ place..
Then again maybe we have the ‘she’ll be right’ attitude here. have i used a Solicitor ( No) but after some horror stories on the forum i’m thinking about covering my Rs
REDWING[grad]
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorOriginally posted by redwing:Quote:Guess that’s why ‘buyers advocates’ are becoming more commonplace, the average person, or a first-timer wouldn’t be aware of thier right’s. I believe DOCEP is a pretty ‘busy’ place..Ain’t it the truth Redwing!!!
Then again maybe we have the ‘she’ll be right’ attitude here. have i used a Solicitor ( No) but after some horror stories on the forum i’m thinking about covering my Rs
Me thinks, as long as you do your homework, dot all your “i”s and cross all your “t’s TWICE not just once….your R’s should be spared!!! [laugh4][laugh4]
Cheers,[winking]
Jo
if the property transaction is settled, bad luck, get the skip, clear it and if need be deny it….you get the drill.
if you haven’t already settled, don’t. that is until it is cleared at whoevers cost- just don’t settle.
recently i did a pre settlement inspection and found a desk in the garage, the realtor said thats not a bad looking desk, i said, yep, and it will be much better looking when its not in my garage – make sure its gone and we will settle on time..
if you do the pre settlement inspection, you are well within your legal rights.
cheers
brahms
If you don’t ask, the answer is no!!
How about if it’s PPOR ?
My thoughts would be to do as “Celivia” suggests, get rid of it and move on.. it should’ve been sorted out earlier.
I love one of the old posts re “subject to..”
REDWING
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorHow about if it’s PPOR ?
My thoughts would be to do as “Celivia” suggests, get rid of it and move on.. it should’ve been sorted out earlier.
I love one of the old posts re “subject to..”
REDWING
sorry hit the post button twice
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorSounds like you haven’t settled if you have to rely on others to unlock the property for you.
You can still demand that the property become “as inspected.” The selling agent is responsible to ensure that the property is handed over as described, and as inspected. When you say “your agent”, and assuming they have a hand in the deal and they are on your team, they have a responsibility to look after your best interests. Make sure they do, or rectify their lapses at their expense. Is it an IP ? Do they want the management ? Are they fumbling the ball on the simple things ? PM is a big responsibility. Are they up to it ?
good luck
cheers
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I always do a pre-settlement inspection on the Thursday before settlement on the Friday.
In our PPOR there was a trampoline and other stuff. I said i wanted it gone or I would not settle. It was gone prior to settlement.
Its very important you always do a pre-settlement inspection. Usually solicitors insist on it.
The last thing you want is no curtains, stove etc etc.
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