Hi there,
I have joined up to explain my situation but I have found myself reading so many different post, what a treasure-trove. It's great that I have come across it.
I own an IP which I leased for a 1 year term, this is my first so I am new to all of this.
I spoke with the real estate approx a month ago and was advised that one of the tenants have moved out and that the lawn was overgrown, they are a little bit concerned about the remaining tenant being able to afford the property but they will keep an eye on things and will let me know of any problems.
The neighbour has phoned me saying that there are now three young boys living there, further more one of the windows is broken. They said there was a party over the weekend, and after that have heard banging wood noises from inside. Police have visited them asking about the people in my property.
I phoned the real estate to organise them carrying out an inspection and was told one had been booked in but no-one was there so it did not happen.
The real estate mentioned that it would be better for the tennants to break the lease and to get new people in, as they were struggling. And that any damage would be fixed before the new tennants move in.
What are my rights in this situation? What is the best way to handle this?
Many thanks
RachelHi Rachel,
Which state are you in?
In W.A., we have our Real Estate Institute of W.A. (REIWA), who have a "public enquiries" number for people in your situation, who are using a Property Manager.
I'd start by finding out in whose name is the lease, so you have that information before you call your local Real Estate governing body.
And TODAY'S a good day to start. Don't delay.
All the best,
Cheers,
Lizhi Rachel,
thanks for sharing your experience. there are people who damage others property without eventing the consequence of it. as far as the three boys and weekend party is concerned, i think you should do something about it before the whole neighbor starts complaining!
Im in Victoria, and luckily the lease is in both names. I think the same is Reiv, I will call them now.
Hi Rachel,
If the people in the property are not on the lease they are squatting! You can begin proceedings against them to vacate the premises based on that, or really many other things. The main thing is that retaimn control of the situation and your property and that you instruct the agent in no uncertain terms that you wish a full inspection carried out while you are present. You then wish to ascertain exactly who is living in the property and if they are not on the lease you need to proceed with a notice to vacate. Turn up with the cops if need be (if squatters) and let them know in no uncertain terms that you wish them to leave at the earliest convenience.
The property management needs to be all over this. If a day goes by where they are not calling you regarding what is happening then call them, every day until it gets sorted out. It is your money…..
If there is no issue then no worries, get all the people who live there on the lease with signatures and make sure you have a bond. We had an extra person in one of ours and after our PM worked out who he was and that he could pay we added him to the lease.
Good luck, would love to know how you go with this.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeI 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.
If the tenants are going tomorrow then fine wait, how long would you like to wait Rachel, to find you need to replace whatever they have smashed up? I think I'd like to know now.
Buzz word for today – PROACTIVE.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeThanks 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.
You snuck in again… Dwolfe.
I will organise an inspection asap
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?
Why is the Property Manager "waiting til they leave" for God's sake?
As has been suggested, get yourself an inspection ASAP, with you present (in W.A., 7 day's notice is required to be given to the tenant by the Property Manager!). Tell the Property Manager to bring with them to the inspection, the ORIGINAL Property Condition Report, so you can compare what's written on there with what you'll be seeing at the inspection.
Once damage has been sighted, the Property Manager should be forwarding to them urgently, a Breach Notice, for Breaching the Terms/Conditions of their Lease Agreement, which gives them 10 days (or is it 14 days) to correct their misdemeaners. The Property Manager then needs to re-inspect, & if the problems aren't rectified by that inspection day, she should then issue them with a Termination Notice, which gives them 7 days to vacate.
Check with your R/Estate institute first, in case your guidelines are different from here in W.A.. to know exactly what your rights are, & in what order procedures need to take place, & over what period. Write down what they tell you, including the names of the forms the Property Manager needs to issue. That way, the Property Manager knows she's got to stay on her toes.
By the way, Real Estate Agents & their Property Management section, are "scared" of the Real Estate Institute, so your contacting the Institute will make for fairly good power of persuasion with your Property Manager.
Good luck!
Cheers, LizThanks 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
Raaaaachel!
Cooooooooooooooooeee!
What's happening gal? Hope everything's ok with you?gosh sounds like me ex tenants from hell – hope the property isn't in the Gippsland area?
Sounds like a real mess…sack the property manager immediately…they have been negligent
Hi Rachel.
First of all, congrats on being a landlord. From the sounds of things you are young.
I went thru the same thing when i first started. you get bombarded with what the agent tells you and you feel like you have to go with them.
It takes a while to build confidence up to talk to these PMs. Just takes a bit of time. I agree with most of the advice above. you cant just go with what they tell you, sometimes, you have to demand the inspection. tell them what to do, get them to go and take photos. You are paying them and from my experience, they dont like losing a rental property.Hope all goes well for you.
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
RachelHi Rachel
That’s good news and good on you for fronting up to the PM. I hope it all works out.
Cheers
Jamie
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
Email Me | Phone MeMortgage Broker assisting clients Australia wide Email: [email protected]
Onya Rachel, you did well
A little bit of knowledge goes such a looooooong way with rental properties, doesn't it?
Glad it worked out as well as it has for you,
Cheers,
LizWell 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.
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