Bad property manager, what actions?

Hi
I was managing at distance a property in Central Coast (beach side). When the tenant decided to leave I contacted a PM.
TERM OF THE LEASE - RENT - LEASE DOCUMENTS - PHOTOS
The boss asked the PM to contact me the next day. The PM told me on the phone the agency policy is to lease for 6 months , in case of bad tenants and 1 week in advance. She said rent can be sent to owners every fortnight or month: I wanted fortnight, as it is mortgaged.

I stipulated I wanted 12 month lease and 2 weeks in advance, and payment every fortnight as the house is mortgage : 'Sure'.

2/ I received an email next saying the management fees include
a. postage, admin fees..
b. they do 1st inspection 6 weeks after tenant/s move/s in
c 2nd inspection 3-4 months after
d. send the rent payments to owner every fortnight depending on preference
e. take photos at inspection

3/ Received a new email:
f. 'Once the new tenant signs up on ..9 Oct, I WILL SEND YOU OVER THE SIGNED LEASE"

4/ MOVE IN
The new tenant apparently was to move in the day after the previous moves out: IT DID NOT.
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IT APPEARS....
RENT PAYMENTS
5/ I received 1 month after the tenant moved in a documents with a Nil rent received
6/ I asked: Error
7/ I received much later an amended statement to explain money received (9 Oct to 9 Nov).
8/ I am still waiting for the 15 November payment (1st 2 weeks of the month)
LEASE
9/ I had to beg to get a copy of the LEASE: I received the front copy on 3 Nov ( so 3 weeks later..see point 3), and my heart stopped : She leased it for 6 months WHEN I STIPULATED 12 MONTHS, she leased it 1 week rent in advance: I Stipulated 2 in advance.
9/ It was not in writing bad luck ... BUT ...wait
10/ I asked for a copy of the Bond Form: I have received on with a cheque on the top: I can't see the number, and I was told the agency ' is not sent a receipt'

I complained to the boss about the term of the lease. She said without knowing the tenant are happy there and happy to renew YET they did not want to amend the lease as it was their first time in the town and ....

I got upset, she talked about rent increase at end of lease: I talked about tenant retention 12 months.
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The boss said that the PM never heard me saying about 12 months 1 week. So I later called the PM and RECORDED the conversation where she admitted. I said to her that at the end of the lease I will not pay them for looking of another client if that one goes: she agrees

SUBSEQUENTLY... I received a letter from another 'boss' saying they are cancelling our contract as per its term, in 30 days and on 4 January 2016 that I pick up from their office my books/accounts' > I do not live around the corner and the reason to have them and
> Well MANAGEMENT FEES 'includes postage'
Will I am delighted, as I wanted to stop this contract with that crap agency, why should I pay and suffer all along for their lack to professionalism and bad faith.
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I am also STILL WAITING FOR THE NOVEMBER rent > payment 15 November... that the boss said she corrected so I get paid mid and end of month
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What do you think?

First I think that not following the requests of the principal(me) is a breach of contract and the contract should be terminated immediately (frustrated) because of this.

Second, I think that they should post me (postage included in the management fees) a copy of the lease, bond form copy with number visible, photos from inspections) ... as begging does not work and I am still waiting).

Third: what happen if the tenant moves out in April due to the PM not securing a 12 months lease, and I lose weeks of rent? What are my remedies?

What else: Oh yes, anybody wanting to avoid PM with very bad faith, is welcome to ask for the name (name is ...laughable when we see the degree of ...sm) !


THANK YOU VERY MUCH
Fifi

 

Hi Fifi.
Almost all of the issues you have complained about (with the exception of not being paid) are covered by T&Cs in the MAA (managing agency agreement) that you and the agent sign up to.

What did your MAA say?

If the agent has not followed the MAA your remedy is to take them to the Tribunal.

 

Oh yes, that's right , it says "the agent is authorised to let the premises for a term of 26-52 weeks as a rent of $.... per week or as instructed by the principal "
(PS the $ is less than it was rented for)

Also " the contract may be terminated by either party giving not less than 30 days written notice of termination but without prejudice to the any accrued right or incurred obligations'

"Agent remuneration: 7,7% management fees, , nil admin fee, nil other."
Agent's authority: 'forward to the Principal copies of any documents signed by the Agent on behalf of the Principal" (oh yes)

 

Welcome to residential property.

Your actions are, to move on, find one that will do what you want, and it all goes in the agreement, but remember, if a tenat who is suitable, does not want your 12 months, or you want 6 and they want 12, then you need to decide if they get what they want or you let them go, you cannot dictate the terms and expect all to accept.

 

find another management agency and get them to negotiate and pick up the files they require

 

You have to be careful recording phone calls to them without their knowledge.
Its illegal under NSW Law unless the other party is aware.

 

All the time you have spent writing this angry message could have been put to productive use by looking for another agency that will do what you tell them to.

Also you might want to rethink whether this is the right investment for you. You are obviously infuriated that the lease is 6months rather than a year. Big deal. You are stressing about the copy of the bond form not being as you wish. Another big deal.

Just find another agency, explain to them what you want. Put it in writing on an email to them and let them manage the thing for you.

 

Hi Ouga, thanks, but one must go to allow the other one, and the one that goes may have done work that will be echoed in April...
Big deal I paid PM for acting for their interest Ouga. Why did you waste you time and energy writing in my thread Ouga? As for the advice, yes, not stupid enough to have figured this out on my one.. I was not asking about that

 

Yes, but never know, I 've got this to protect me against lies

 

I agree, yet but it was apparently 'agency policy to lease for 6 months' therefore, nothing to do with the tenant and the owner's wishes

 

Dear Fifi ,
could I suggest after a conversation , you send the agent an email, confirming, lease, rent, etc. this is legal and will protect you!
I hope this helps

 

How does it protect you? It cannot be used in evidence and you face up to 5 years imprisonment now.

I think you should read your written contract to see what terms you have agreed to. Additional verbal statements are not incorporated into the contract. You will probably find your contract specifically excludes verbal additions.

 

Hi Seaford
Yes, we've started a while ago... WIP.. thank you

 

Probably a good idea to contact Fair Trading to find out what your options are.

 

From my experience it is a tenants choice re: length of lease. As PMs we always advocate for 12 month leases, however at the end of the day a PM can only present to an owner what the market is offering at that point in time i.e. the tenant will make an offer. The owner accepts or declines. As an owner of many investment properties I work to ensure my properties are competitive in the current market i.e very well presented and priced at market rent (sometimes less than what I would like to receive). From a positive perspective a six month lease offers owners an opportunity to assess the quality of the tenant and to increase the rent if market improves ( although sometimes I have had to decrease the rent when the market was soft)