SA Booking a removalist for tenant, illegal?

Discussion in 'Property Management' started by Justeps, 12th Jan, 2019.

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  1. Justeps

    Justeps Member

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    Tenant given invalid termination. Weeks later, tenant given valid termination. PM booked removalist for tenant, without tenant knowledge/approval (until after the PM informed tenant), for a date before tenant had even signed a new lease. Tenant completely legally in property, termination date was not up. How legal is this, Trying to keep it short. PM wanted tenant out of the property early, and booked a removalist for tenant, then phoned and told tenant. Tenant did not have a new property secured, was completely legally in property, termination was not up. Thoughts, please?
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    Which state is the property in?
    I have never heard of a PM booking removalist.

    The Y-man
     
  3. balwoges

    balwoges Well-Known Member

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    PM acted illegally, get rid of him/her.
     
    Ricky Adelaide likes this.
  4. jim1964

    jim1964 1941

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    When i worked as a removalist, as the business owner,I some instances, if the property was sold, part of the contract was at the owners/agencies discretion, these costs were covered to the tenant, but never the property manager booking on behalf.
     
  5. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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  6. Justeps

    Justeps Member

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    South Australia. I am trying not to go into too much detail. Tenant was phoned by PM, and given time and date of removalist. Tenant was in shock/distraught, and immediately phoned removalist and cancelled. That is not the issue, wondering how a PM can book a removalist without the tenants approval/knowledge? I am not claiming the removalist showed up, tenant immediately phoned removalist after the PM call. I am just wondering the legalities, as surely its illegal to book a removalist for a tenant without their permission or knowledge? The REA owner emailed much later, stating he had told the PM to book a removalist so proof is not an issue. Tenant was completely legally in the property, lease had not expired/termination date not reached, REA just wanted the tenant out early because they'd arranged to move someone else in.
     
  7. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    Agent liable for removalist costs
     
  8. Justeps

    Justeps Member

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    No, not the tenant, close friend is the tenant. Was more than one tenant, none had given permission for REA to do this.
     
  9. Justeps

    Justeps Member

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    The tenant cancelled the removalist(she was given their name, numhber, cost per hour, date of removal by the PM when they phoned her, so she rang removalist and said they had no permission to make a booking for her and had it cancelled), so they arent liable for the removalist costs because tenant cancelled it, tenant made own arrangements, but that was not the issue, am wondering how a REA can even do this, its unethical.
     
  10. D.T.

    D.T. Specialist Property Manager Business Member

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    Of course not.
     
  11. Ricky Adelaide

    Ricky Adelaide Well-Known Member

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    Not ethical. Had the removalist attended and actioned the REA work requested the landlord work most likely had a compensation claim agaist them from the tenant.
     
  12. Trainee

    Trainee Well-Known Member

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    Be clear about the rules here. Youve mentioned illegal and unethical as if theyre the same things.

    Weird situation, since pm should know the rules and usually wont break rules for one owner.

    Best to call the tenant advocate or whatever it is in the state to get guidance.
     
  13. Michael Mitchell

    Michael Mitchell Well-Known Member

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    Booking a service for a 3rd party being under no obligation to oblige, use or pay for that service, I don't believe is even a breach of the Act, and would only expose the person who booked the service to any/all costs and annoyances born by the contractor/receiving party. The actions sound like a probable breach of the Code of Conduct (construed form of intimidation perhaps) if they're a member of that states REI, but apart from that, I don't even think it's something the OFT or DOJ would investigate.
     
  14. Justeps

    Justeps Member

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    Thank you for your replies. Will pass the feedback on to the tenant.