Can I sue the managing agent?

Hi everyone,

You may remember my thread from last year where my tenants ripped out the entire garden and I subsequently discovered that the managing agent completely failed to include any mention or photos of the garden in the ingoing condition report.

The managing agents quickly became ex-managing agents and someone else has been looking after it since.

The property is now on the market. Can I put a claim against the ex agent for compensation as I am unable to withhold the tenants' bond for rectification works? Or will NCAT throw it out? I am asking for half the bond ($900).

I am in NSW.

Many thanks,
S

 

yes you could.I have no idea on how successful it would be

 

I will let you know the answer after a similar but worse situation is resolved in say 3 months;-P .

 

This sort of legal action is very, very difficult one. What would your cause of action even be?

 

In Victoria I’ve only seen an owner reclaim 50% of Management fees for failure of the agent to carry out their duties. Your best option is likely that. Demonstrate loss due to mismanagement and recover costs of services paid for but not delivered. Gardens themselves are hard at the best of times even with before and after photos due to water restrictions and the wording of legislation (reasonably maintained for example). Malicious and conscious decisions to damage / pull out healthy plants should be covered but would saddle depend on the member of the day.

 

Hi @Silke DW

if it is $450 you are after, I think it is not worth your while. Just too complicated and time consuming, and there are no guarantees (even if you have pre and after photos of your own). Also, not sure if you know, but even if you filed the paperwork online tonight (which will cost $52) the hearing wouldn't be for 6-8 weeks.... And the first is most likely to be a conciliation one. If there is no outcome from there, the matter will again not be heard for another 2 months. I'd say move on and just write it off as cost of doing business.

 

my thoughts exactly. Great post. My case is much more fun and exciting and is plants plus...fun story in the wings. Mums the word for now.