All Topics / Help Needed! / Property manager agree something without owner consent, who is liable ?
Hi all,
I had a property manager used to managing my property because they are hard to contact I change the property management to someone else.
After I change the property manager. I realised that the old property manager agreed to give the tenant rent reduction without my consent. Rent reduction is due to the tenant's car can't access to the garage.
I didn't know anything about it. And the new property manager told me the tenant is demanding the rent reduction to be paid out to them now.
Question here is
1) should I give them the rent reduction ? ( the tenant can't access to the garage, complaint the rent is over priced !)
2) the tenant is threating to report tribunal about we over price and demand compensation which the old property manager promise to give. Should I worry about the tribunal ?any comment please help
As far as tribunal goes, I'm in Melbourne so can advise for Victoria only. Which state is this property in?
Why can't the tenants access the garage? If they leased the property with the car space/garage access included, yes they will be entitled to a rent reduction should access to the car space/garage not be available to them unless you are taking reasonable steps to rectify the issue which is causing the lack of access. Given that you don't know about it it seems you made a good move to change PMs.
In regards to who is liable – if you did not consent to a rent reduction, the agent must pay the difference until the tenant vacates or until the rent has increased to the same level, whichever comes first. Although, judging by your posts about your previous agent not paying you rent it looks to be a lengthy process – contact Consumer Affairs.
Arrange for your property manager to get proof from the tenant – they may just be trying their luck with a new PM (some tenants do) to see what they can get. You'll want to make sure you receive copies of anything in writing from the previous PM stating the tenant would receive a rent reduction (also for Consumer Affairs) and ask your new PM to investigate the garage access issues.
If the tenant cannot provide in writing proof of the offer of a rent reduction, it's up to your property manager to negotiate with them and investigate means to rectify the access issue. You may offer a small reduction until works are complete if works are needed – not that you need to but essentially it may avoid going to tribunal and the extra costs associated (depending what your PM charges to go).
Does anyone else in the complex have issues with accessing the parking? What id being done about it? How soon?
driveway prevent the car going down to the garage.
the same unit have some resident using the garage as car park, because they have 4 wheel drive.but car park does exist, his car just not 4 wheel drive….. and I didn't even know till recently…previous tenant has no issue…..
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