2 months ago lj hooker mackay called me saying that they washed my curtains at a dry cleaners cause the tenants have left and now the curtains are stuffed they were only 1 and a half years old in good condition. It said on the tag not to wash them at a dry cleaners and also i asked how they get there tenants to do it they said in warm soapy water in a bath then hang out 2 dry which works but they sent these
to the cleaners instead and now there stuffed they said they were in the wrong and was going to fix it but had to talk to the boss. so my tenants haven't had curtains for 2 months and the windows are floor to ceiling so all the other neighbours can see what there doing in there bed rooms and living room and lj hooker wont replace them for me say its not there fault. I just found out am so mad and looking for some curtains for them. i don't know what to do
Thanks Rob
Hi Rob
Why has it taken 2 months for anything to happen? It should take 5 minutes for them to speak with their boss.
Get on the phone to them tomorrow, ask to speak directly with the manager. Chances are he/she is unaware of the issue and if it's brought to their attention it may be rectified quickly.
If they don't agree to fix the issue than I think it goes without saying – change PMs.
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]
I’d be changing the pm. 2 months is too long in my book.
Hi Pro,
What I have to say may sound a little harsh – but what have you done about this.
In your original post you said the PM was going to speak to the boss – two months have since elapsed and no action. Did you follow up? Some of the blame for the delay/s appears to rest at your feet too – after all you, also, have repsonsibilities.
You need to get this resolved asap – I suspect the tenants would have a case against you for 'sub standard' property. Most people would expect window treatments as basic necessity.
As Jamie said – speak to the Principal and follow-up with a letter.
REIQ is an avenue your could explore but they seem to side with the agents in most instances so you probably won't have much luck there.
first they told me my curtains were to old and stuffed so i asked to look at them cause i knew they were new that's when i found out they had stuck together after they washed them. I only just found out about the tenant having no curtains cause the entry report said they need new curtains and i thought they had replaced them i talked to the principle of lj hooker mackay this avro about it he said its not there fault its the dry cleaners and he said hes not paying for the whole thing.but it has to be there fault in the property agents and motor dealers act it says. A restricted letting agent must act in a clients best interests unless it is unlawful or unreasonable to do so. and A restricted letting agent must keep a client informed of any significant development or issue in relation to an activity performed for the client.
if i was in town i wouldn't need them i'd be able to do it myself so i pay the pm to act on my behalf ( i'm only home 4 months in the year) i know if i went to there house and washed there curtains then said there all stuffed put them in the bin so they have no curtains id have to replace them
"It said on the tag not to wash them at a dry cleaners and also i asked how they get there tenants to do it they said in warm soapy water in a bath then hang out 2 dry which works but they sent these to the cleaners instead and now there stuffed they said they were in the wrong"
Now – was it the PM or the tenant who brought the curtains to the dry cleaners? Would the dry cleaner not have read the cleaning instructions? (I know mine rejects items which don't have a label or can't be dry cleaned). So the PM should hold the tenant liable and take it out of their bond or the PM hold the dry cleaners liable (but the PM will need to fight the case with consumer affairs). Either way, the PM isn't responsible (never thought I'd say that) but your recourse is against the tenant or dry cleaner.
the pm took it to the dry cleaners to clean using the bond money as the old tenants had left. if it is the dry cleaners fault the pm got them to do it so its between the pm and dry cleaner.the pm new that they stick together cause she said we tell our tenants to clean them in the bath not in a washing machine than hang out so they knew it wasn't wise to take it there. not my fault to foot the bill for a unit full of new curtains
Do this:
1. Speak to the director both on the phone and in writing explaining the situation. Be clear about when the curtains were purchased. Be clear about what the instructions say re washing. Be clear in explaining you expect reimbursement for the curtains. Explain the amount of money and by when you expect to be paid (2 weeks). Be clear in explaining if this does not occur the situation will immediately be escalated through Consumer Affairs / VCAT.
2. If you do not get your money, escalate as mentioned in point 1.
3. Fire the PM and move on. Keep a much closer reign on your PM.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Sue em
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
Get Terry W to represent your curtains
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]
Jamie, I want to like your post x10!
Cheers
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MePro Investor,
I think JacM nailed it with what you should do. You really need to take action at this point as it's your property and your money.
In the mean time, I'd put in nice cheap roller blinds, they dont need washing and will last 20 years!
Cheers
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeYou basically have a dispute of payment for damaged property.
Here's what I would do.
- replace the curtains so your tenants at least are not inconvenienced,
- send an invoice for the cost to your PM and a payment date
- PM will then dispute the account
- provide a legal reason(s) why they are liable. You need to refer specifically to legislation/regulation to force this point home
- notify them that unless payment is met by a certain date you will initiate legal action
- if they do not pay you can start a small claims action against them. Most States have a small claims process that doesn't require legal reps and has a small filing fee. In WA you can do all this on line and have the papers served by a sheriff.
- They will either pay up or defend
- If they defend you can present your case to a small claims court which is more like a minor informal type hearing than anything else. Some courts allow you to present your case in writing rather than appear.
I recently did this with a large national corporation. They were billed for interest on outstanding accounts. They had paid this once before and I was allowed under state law to charge interest.
They refused to pay because I had won 2 other disputes against them. They simply got pedantic about everything and worked on the assumption I would not bother or was too ignorant of the facts to successfully press a claim.
The beauty was I did the whole thing from the comfort of my computer. The court system automatically added costs and served the papers.. absolutely brilliant.
They paid up because they knew they couldn't defend their position in court and the cost for their legal dept and personnel to attend a hearing was not worth the effort.
Don't be afraid to have a go. It's a great learning experience and preps you for any future problems.
PS; Dump your PM and get another one first.
excellent Freckle.
And if the court case is lost your costs will be capped at around $700.
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
Generally no costs can be awarded in small claims courts. Here in WA either party must get the permission of the other just have legal reps present at a hearing.
My costs (which were added to the claim)
filing fee $78.70
serving fee $46.90
Travelling fee $18.00
Sherrif fee $40.00 (approx)
So in the end it cost me nothing. If the dispute is arbitrated that could be different depending on how blame might be apportioned. You have to check with your State
The cheapest rollerblind you can get from Spotlight is awesome. You can clean it with Spray n Wipe and a sponge! Woo hoo! Gotta love plastic products. I put them into a unit a year ago and they look brand spanking new still.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
ps Perhaps don't put expensive curtains into a rental again. Cheap and tidy so it is not a catastrophe if you have to replace them.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Poor tenants, not their fault either way, but they pay you full rent and have to live in a fish bowl while you work out how to recoup the money. I suggest you should've replaced the curtains as soon as you knew there was a problem, and sorted it out afterwards. Definately someone is responsible, hope it goes your way.
Cheers
thecrest
thecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
I agree with thecrest. Don't punish the tenants for the crap service of the PM. It's been going on long enough. Get some window coverings up pronto.
ps in my opinion, if the curtains have instructions on how to clean them, they are the wrong curtains. Get stuff you can wash any way you like, or get plastic blinds. Pretty hard for people to mess those up by accident.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
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