Hey folks,
After some advice on finalising a lease agreement.
For the first time, I appointed a property manager to manage my city IP apartment. They signed a tenant up on a 3 month lease, and for various reasons the tenant decided not to renew the lease. Their lease expired on Tuesday 7th June. The property manager inspected the property on Tuesday 7th and said to me that evening there are a few problems and he’s not completely happy with it and needs to get them back. I inspected it myself Tues night, and wrote to him on Wednesday morning discussing a number of issues, including a request to arrange a plumber to fix a leaking toilet that had resulted in mould on the toilet seat and a serious damp issue!
One week on and no reply to that email, nor the 2 voicemails enquiring if the toilet has been fixed, considering he is supposedly showing the property to prospective tenants.
Today I notified the management that I have secured a short term tenant for the property and would like to terminate their services and collect the keys. I also asked about the toilet and whether everything has been finalised with the tenants. The reply from him was that the toilet has not been fixed, the tenants have not returned to the property and it has not been finalised. He has now advised me that if I terminate tomorrow I will have to finalise things with the tenants myself, or alternatively now if I want him to finalise with the tenants “there will be a charge in accordance with section 60 of the REBA Act”
So… my questions:
1) If a property manager does not approve of the state a tenant has vacated in, and requires the tenant to return to the property to clean/repair – is there a timeframe for this, and should the tenant be required to pay extra rent for this time? Alternatively if the tenant does not return, at what point does the managing agent choose to deduct money from the bond?
2) Are my expectations “a little high” (quoting his email) to expect that if a request by an owner is given for the agent to arrange a plumber, it should be done reasonably promptly and not ignored for a week?
3) Can he really charge me now to finalise things with this former tenant???
Argh so frustrating.
Thanks,
EmmaFirstly I would look up s 60 of that act. What state is the property in?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
WA
s60 relates to an agent not being able to take commission after a contract has ended
Odd situation and I’d really like to know the end outcome…. lazyness of the Agent is unacceptable, waiting a few days for a toilet to be fixed is simply showing how little he represents you and your property. You have really done him a favor by finding tenants. Can you update this thread on how it has worked out for you
Holly
Hi Holly,
Agent has agreed on Wednesday to “finalise” things with the tenant for no further charge. Nothing been done yet about the toilet. The issue with the toilet was he discovered when he visited the property that the toilet seat was covered in mould and said he’ll have to sort this out with the tenant. My thoughts are that the tenants moved out 1-2 weeks prior to the lease ending. There seems to be a leak in the toilet, as the floor tiles are damp to touch, the room is humid, there is a constant trickle of water – hence there has somehow got mould on the seat.
As owner, I am aware that I am responsible for maintenance. However I believe as tenants, they have the responsibility of advising landlord of any maintenance requirements in a timely manner.
Last Wednesday I wrote to the property manager and requested he arrange a plumber – I had every intention of paying for the repair myself, and requested he get the tenants to replace the toilet seat. If they had notified us of the issue in a timely manner, there is no way the seat would have been ruined.
Now he’s claiming “they have the right to make good so if I organise a plumber there is no guarantee that they will pay you back.”
Just spoke with him on the phone, tenant still has one remote control to access driveway, despite lease having ended 10 days ago. Tenant returning to property this afternoon “to make good”.
I guess this leaves me to organise a plumber for Monday, just hoping the mouldy smell will be gone before new tenant arrives on Tuesday.
Not happy Jan.
wisepearl wrote:Hey folks,After some advice on finalising a lease agreement.
For the first time, I appointed a property manager to manage my city IP apartment. They signed a tenant up on a 3 month lease, and for various reasons the tenant decided not to renew the lease. Their lease expired on Tuesday 7th June. The property manager inspected the property on Tuesday 7th and said to me that evening there are a few problems and he’s not completely happy with it and needs to get them back. I inspected it myself Tues night, and wrote to him on Wednesday morning discussing a number of issues, including a request to arrange a plumber to fix a leaking toilet that had resulted in mould on the toilet seat and a serious damp issue!
One week on and no reply to that email, nor the 2 voicemails enquiring if the toilet has been fixed, considering he is supposedly showing the property to prospective tenants.
Today I notified the management that I have secured a short term tenant for the property and would like to terminate their services and collect the keys. I also asked about the toilet and whether everything has been finalised with the tenants. The reply from him was that the toilet has not been fixed, the tenants have not returned to the property and it has not been finalised. He has now advised me that if I terminate tomorrow I will have to finalise things with the tenants myself, or alternatively now if I want him to finalise with the tenants “there will be a charge in accordance with section 60 of the REBA Act”
So… my questions:
1) If a property manager does not approve of the state a tenant has vacated in, and requires the tenant to return to the property to clean/repair – is there a timeframe for this, and should the tenant be required to pay extra rent for this time? Alternatively if the tenant does not return, at what point does the managing agent choose to deduct money from the bond?
2) Are my expectations “a little high” (quoting his email) to expect that if a request by an owner is given for the agent to arrange a plumber, it should be done reasonably promptly and not ignored for a week?
3) Can he really charge me now to finalise things with this former tenant???
Argh so frustrating.
Thanks,
EmmaHi Emma,
no doubt by now you’ve figured that you have the wrong property manager. I had just finished renovating our IP and the tenants had been moved in for one day when the apartment got flooded. This first I heard about it was late the next day when the property manager was ringing to tell me he had sourced and had laid the same carpet and had touch up painting done where required. Now that’s what you pay your money for.
Landt.nice PM you’ve got there Landt! Of course I’ve got rid of mine, went through two at the same agency, both rubbish. never again. but now trying to sort out this mess myself… bugger
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