Hi all,
Recently, I changed my property manager, because it's very hard to contact them plus they were not really responsible !
During the month of May, I changed the manager from A to B.
The property was still under A's management for first half of the month, and B was managing second half of the month.
B sent me the rent they collected from second half of the month.
Question:
A didn't send me the rent and rental statement for first half of the month. and I called them many times they just ignored me.
A still owes us the rent they collected for us from first half of the month.what can I do ?
How can I get the rent back ? is there any authority I can raise this issue ?Yep contact Consumer Affairs and ask them to tell you the process to follow. I've gone thru it before and got my money. Be sure to check back in with us and let us know how it panned out for you
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Send them a demand for payment and threaten legal action. Give them say 7 days to pay
Then start court action by issuing a statement of claim in the local court. You could do it yourself without a lawyer. Just doing this will make them get a move on and pay you.
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
You could go through the local tribunal instead of spending money on lawyers / court. I suggest you go into the office personally and confront them about it and also mention taking the matter to tribunal.
Good luck,
Listen to Terryw. He is a lawyer.
Don't bother going into the office or making calls. All you will achieve is getting yourself all angry and emotional and it will make you look like a crazy person. Do things in writing. Consumer Affairs will know who the director is and to where a letter can be sent.
As Terry says you can go to small claims tribunal (VCAT in Victoria).
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
How much rent loss are we talking about?
Does the time you spent chasing the money = the the time loss?
Are you able to claim this as a loss heading near tax time?
Also i would recommend calling the real estate body of your state,what property agent is it?
Jpcashflow | JP Financial Group
http://www.jpfinancialgroup.com.au
Email Me | Phone MeYour first port of call in finance :)
Very important to report the issue immediately to whichever Govt authority issues the Real Estate Licences for REAs to operate in your state.
In NSW for instance, Dept Fair Trading issues licences and swoops on REAs to do audits on activities and trust accounts which hold rent. Severe penalties apply for not operating trust accounts properly which includes withholding rent.
Set the Govt dogs loose on them.
Cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
I would hunt them down regardless of whether the loss was small or large. It's the principal of the thing as well as the loss, and if too many people let such things slide, perhaps agents would be more likely to try to get away with it more often. Zero tolerance. It's essentially theft.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
If a company owes you more than a certain amount – and I think it is about $2,000 – then you can issues them with a statutory demand. This gives them 14 days (or is it 21) to pay your debt. If they don't they are presumed, under the Corporations Act, to be insolvent. This is extremely serious and costly for the company if you take the next step and ask for an administrator to be appointed. Someone will come in and change the locks and take over their bank accounts and the company.
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
Oh wow…. had no idea about that little nugget. Thanks for sharing Terry!
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
From memory it is section 459 of the corporations act. Or near 459.
U do not even need to go thru a court to issue a statutory demand. If u do some research you go even do it yourself. But one minor mistake will mean it is not legally effective so it may be wise to use a lawyer.
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
Whoah Terry, that’s a very big card to play, wish I’d known about that one years ago.
Thanks
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Finally, they pass the rent money to me !
I managed to track down to company director's number from their ex-staff !
I finally chase they up on the phone, some of the staffs were not get paid also ( for couple of month).
the staff was really p*ss off about the company directors. they give me the directors number.Every time I called the directors, they agreed to pay next week or within next few days. but never deliver their promise !!
I told them I would report to fair trading department or any relative legal department. they finally paid ! ( still gave me some reason about the computer issue, technically fund release issue……. )it was a frustrated experience !
Hi Scha9799,
Nice work, and also a good thread topic too.
Nice one
Glad it worked out for you finally !I have a zero tolerance policy on matters involving the PM paying me money I am owed. It ain't that hard. If they have a computer problem they can give you petty cash or send a staffmember for a walk to the bank to deposit a cheque into your account.
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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