Change of Agent Qld Form 20a

Hi PC chatters,


It's a while since I last posted, but here I am running into some issues with a sloppy property manager. I got a property listed with Brisbane agent and it's been setting vacant for a few weeks now.
I am not convinced that they are trying hard enough to find me a tenant and by the sound of it, they are under resourced. I am now trying to switch agent, but they are holding on to my property with the deal life using Form 20a clause 4.2 in page 2 Stating that I need to give 90 days in notice or 30 days if mutually agreed for termination.

I am kinda stuck and not sure how I can meaningfully break out of it without causing massive disruption in getting my property rented. Thanks in advance for advice.

 

Hi icic, just go in and take the keys back and all your files, if you relet it within the termination period you can either decide to pay them their due fees they're entitled to or not, and then they can decide if they want to try and claim it from you through QCAT. It's been too long I don't remember what's in the PAMDA 20A's, but interestingly in the current Form 6 the termination period specifies a period but not any conditions, it's only in addendums where it may specify that the Agent is entitled to fees during the termination period otherwise that they'd ordinarily be receiving. If that is the case with your current agreement and there's nothing more than simply a termination period, they'd not likely be successful in QCAT for any compensation as there's nothing in the agreement that says they're entitled to it. Example of what I mean with reference to the Form 6 & addendum:



Addendum outlining terms:


*Nb. Just saw you're in Sydney and probably can't just "walk in" to their office , see if your new PM can navigate around it.

 

Agree with above, but I would suggest being cautious about a new PM being able to come in and just solve the problem. Some agents play a bit of hard ball even with a planned changeover and the required notice. As @Michael Mitchell said it will probably require you going into the agency personally and collecting your files, keys etc (This stuff belongs to YOU! You can get it whenever you like. Don't let them pull the "We can't hand it over until end of notice" b.s.!)

Be prepared to meet your obligations under the contract (Letting fee and commission for remaining notice period) but based on what you are saying this could be the "cheaper" option.

- Luke

 

Just an additional note seeing it is the old form 20a. Under the newer form 6 it is a standard 30 days (Not 90). You can request immediately to be signed under a new Form 6 and they must do it. You can then immediately give a termination notice. This will limit your liability to 30 days instead of 90.

- Luke

 

I've only ever come across an agent spiteful enough to hold an unhappy owner with a vacant property to a notice period ONCE in nearly ten years- shame on them!

Get another agent involved immediately. You can engage another agent, as long as you are aware of the potential costs of having two valid Agency Appointments in place at the same time. If the old agency continues to refuse to hand over the keys, change the locks.

Vacancy is a lot more expensive than new keys, and what are they going to do, claim management fees on the rent you aren't getting? In some cases you might be up for advertising costs, but that's likely to be about it.