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  • Profile photo of elveselves
    Member
    @elves
    Join Date: 2003
    Post Count: 507

    Hi I am back from Hols, well not really holidays, these turned to mud when I got there.

    I arrived at my PM’s the day I got to my destination. I was told tenants were vacating. I asked were prospectives being shown through? NO have to wait until end…I said no you don’t.

    Ok issues to be brief:

    Problem one:
    Tenants had only set of keys, so no new prospectives could be shown through. I questioned this. ( I bought the place tenanted and switched agents due to problems) My agent never got a second set of keys. They never checked or asked for a copy set.

    Prob two:
    As a result of no keys, no inspections were done of late. Until keys handed back. There were problems.

    prob three:
    Agents ledger was wrong. I notified them of an error, they never contacted me to say if this was right or wrong and I am still waiting for a ledger statement which should have been rectified.
    I found out I was right, they had made errors and I believe tenants left rather than play catch up of $500.

    Prob 4:
    Not only was ledger wrong by $500, but they failed to increase the bond when the rent increased. So bond money was also incorrect.

    Prob 5:
    Tenants left the place reasonable, but bathrooms were filthy and I don’t feel the carpets were steam cleaned. I vaccumed them and the dirt was half a plastic bag full. it took me and another lady two days to clean the house, one day for two bathrooms. it was thick with body and soap scum and mould and mildew, this was not my idea of clean! Agent disagreed.

    Prob 6:

    Broken and missing blinds, beads. Also garden plants removed, lawn was not fixed from pets digging and was not weeded in beds, or pavers.

    I can fix the little things and did so, but what concerned me was the agent. Not only did they not see their ledger error, they failed to notify tenant of arrears (because they didnt see their error). tenant paid at PO. They failed to have another set of keys. They failed to increase bond.

    Ok so I can calm the bond, but obviously it wont fix the problems. I am reluctant until I have the bond in my hands to sack the agent for total mismanagement.

    Now I can take action against the agency for this being their fault and all the failures on their part, and while I can forgive a mistake, I cannot get over what they have NOT done with the management of this property.

    On top of that she told me not to increase rent, so I shopped around at other agencies, they gave me some figures for a property of my type. I took it back to her and she nearly dropped dead. She had virtually promised the property to a friend of the last tenants. I said no way! While I don’t know those people, I wanted no connection to the last tenant.

    In the time I was there cleaning, some 8 applications arrived. Guess what, they gave those applicants to other properties. Do I feel like they are playing games? Yep

    Like I say I am waiting on my bond, and they can work for what they did and no I am not paying them for it.

    I know there is a web site for bad tenants (dont know where) and wondered if there was one where you can do something more substantial re PM’s. Beside taking the property out of their hands.

    Not happy at all!
    I spent nearly three weeks of my holidays, with some wheeling in the middle on fixing the issues with the property and still no tenant in there!

    Elves

    ” a blind man may see what a sighted man may not”

    Profile photo of u9026au9026a
    Member
    @u9026a
    Join Date: 2003
    Post Count: 16

    Hi elves

    Unfortunately there are too many incompetent agents out there but considering what they get paid, I can’t say that I’m too surprised, there’s very little incentive to do a good job.

    To your issues:
    1. An agent should always have a second set of keys, security keys are always an issue but can be obtained.

    2. Not having keys is not an excuse for no inspections. The frequency should have been discussed with you before your management agreement was signed and the max number is also stated in the RTA.

    3. If it’s the agents fault and you can prove it you should claim the lost money from the agent. (See below)

    4. There is no provision in the Residential Tenancies Act to increase the bond after a rent increase.

    5. What does the condition report say?

    If you can’t get adequate answers from your agents, take the matter to the CTTT (Consumer, Trader & Tenancy Tribunal). It only costs $28 from memory & is good fun to boot! Agents on the whole are afraid of the Tribunal so don’t think you will be at any disadvantage.

    As a footnote to what is a fairly common problem (bad agents)I think it’s highly relevant that some agencies out there pay their employees what is basically a slave labour rate with the blessing of the Government. How many other employees have to provide a vehicle, fully insured & registered for business use and undertake compulsory education at a not unsubstantial cost, simply to keep their job that pays $36k (inclusive) a year? Not too many I’m sure.
    Good luck.

    Profile photo of yackyack
    Member
    @yack
    Join Date: 2003
    Post Count: 1,206

    Welcome to property investing. Imagine how much fun it would be if you did not attend to the place and property manager in person.

    Thats why I dont like rural dog boxes far away from home.

    I prefer to attend to those things on my weekend and keep my holidays for major renovations or sightseeing and relaxing trips.

    It sounds like teething problems after just purchasing a place – is that correct?

    Most renters dont view properties while tenants are in there. I have never had a success where renters have wanted my place while there is a tenant in there.

    Profile photo of thecrestthecrest
    Participant
    @thecrest
    Join Date: 2004
    Post Count: 992

    PM looks pretty lame. Request from the agent immediate copies of the following documents in the agent’s possession:
    lease copy being used by the agent
    rent record
    all correspondence with the tenant
    ingoing & outgoing inspection reports
    managing agency agreement they are using
    all bond forms used
    all periodic inspection reports.
    Doesn’t matter if you already have copies, you want copies of what they have and are using to “manage your property”.
    After you have the documents, or 2 weeks later whichever comes first, send a letter of demand to the agent for compensation for your losses, but only those which the agent could and should have prevented. At the same time, apply to the Tribunal for a hearing to receive a judgement and compensation from the tenant, and from the PM. Include a copy in your letter of demand to the PM. They then have about 2 weeks to settle with you before a hearing. Don’t budge an inch, don’t be greedy, go through to the finish, they will not.cheers
    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
    http://www.statewidemotelbrokers.com.au
    Email Me | Phone Me

    selling motels in NSW

    Profile photo of elveselves
    Member
    @elves
    Join Date: 2003
    Post Count: 507

    Thanks all!

    Not teething problems, bad PM.
    Property was rented for a period when I bought -to the same tenants.

    Rent increase was agreed, new lease signed when old one finished.(over 12 months) Bond should have been increased at the time of signing a new tenancy contract. (so PM is to blame for that)

    PM failed to seek additional set of keys.

    Pm told me they could not get inside to do a PI, and she was never available. I asked about locksmith, she said can’t do that until abandoned and notice issued.

    PM had ledger wrong, they input rent at 200 when it was to be 220 and was signed as such. While tenant should also have been aware, agent is essentially to blame for the ledger being incorrect and therefore the rent in arrears to the extent it was without issuing a notice to correct the arrears.

    I will look into the tribunal side of things re PM. They are taking the bond which has been lodged, and have the bills for things that were not fixed by the tenant.

    I do rent three places around the same area, this is the only place that has a PM! The only place that has had problems too.

    I didnt intend to use my holidays, but I had no choice but to rectify problems. I also like my weekends free![biggrin]

    Thanks for the input !!!!

    Cheers
    Elves

    ” a blind man may see what a sighted man may not”

    Profile photo of DerekDerek
    Member
    @derek
    Join Date: 2004
    Post Count: 3,544

    Hi Elves,

    Geeez – too many holidays like that and you’ll want to stay at work [exhappy].

    Seems the property manager – forgot about the ‘management’ side of the arrangememt. I am sure you have pointed out their errors in their ways.

    Derek
    [email protected]

    Property Investment Support Available. Ongoing and never stopping. PM welcome.

    Profile photo of melbearmelbear
    Member
    @melbear
    Join Date: 2003
    Post Count: 2,429

    Elves, check out http://www.notgoodenough.org (I think, maybe .au) and http://www.crikey.com.. Crikey may not be relevant, I’m typing off the top of my head (aren’t I clever[biggrin])

    Cheers
    Mel

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