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Conflict of interest with agent utilising own maintenance worker

Discussion in 'Property Management' started by Gary Knock, 25th Mar, 2016.

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How best to progress a complaint against a property manager

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  1. Gary Knock

    Gary Knock Member

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    I recently had some maintenance work completed on one of my rental properties. The tenant of the property subsequently presented a report including photographs of the poorly attended work/s. The maintenance worker returned to rectify the issues, though again, this was shoddily attended with another report from the tenant to myself as the owner and the agent. The agent disputed the tenant's report and has presented myself with the invoice 3 times seemingly pressurising me to pay. I should add that I live and work interstate and am therefore not on site to deal with these problems myself. I have repeatedly stated to the agent, that the tenant will be deploying appropriate tradesmen to correct these maintenance issues, with these costs being set against the invoice the original maintenance worker presented.
    This is the latest in a catalogue of issues I have had with the agent, who has now opted to terminate the management contract with 30 days notice. I am happy with this, while still maintaining that I am prepared to make payments for maintenance work only when the reparation works have been carried out, and the total costs are known in order to see what, if anything, is owed to the original maintenance worker.
    A second complaint re the same agent is related to another property, which has tenants recommended to me by the agent. All seems well there though the issues revolve around the poor upkeep of the gardens with multiple dog faeces sited about the grounds.
    I agreed with the agent to address the issue by deploying a gardener to rectify the problem whilst hoping to offset some of the costs by a small rental increase at the 12 month point of the tenure.
    I aim to progress a complaint against the agent who I believe has not been operating in my best interests since it is my belief from the related emails that nepotism is at play with regards to the maintenance work on the first property, and also that I consider they are attempting to wash their hands of a problematic situation with the other property and a potentially conflicting situation with the tenant re the garden maintenance there.
    I would appreciate your input on how best to proceed as I feel summarily agrieved.
    Thanks all. H
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    You are going to employ a gardener to pick up the **** of a tenant's dog?

    That is generous.
     
    Ted Varrick likes this.
  3. Gary Knock

    Gary Knock Member

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    Hi
    Well it's not specifically for that purpose Terry, as the gardens have become overgrown with the faeces being an additional problem
     
  4. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Have you read your management agreement with the agent. Is there anything in there that prevents them from contracting, on your behalf, with related parties? This is a fiduciary relationship so there would be common law duties not to benefit other than as contracted. There may even be legislation about this as well
     
  5. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    It is not unusual for some agencies to have their own facilities management staff or handyman especially if they are large enough to constantly engage a handyman. Whether this person is competent, impotent or otherwise is a matter to be addressed by the agency.
     
  7. Gary Knock

    Gary Knock Member

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    Yes Scott, as stated, the tenant submitted a report about the shoddy work, (which the agency disputes), despite providing a comprehensive breakdown including photographs. I am interstate and see no reason for the tenant not being completely honest in this regard.
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Give the agent the short shift and find another suitable agent.
     
  9. Tyler Durden

    Tyler Durden Well-Known Member

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    Agency should address the Handyman's impotency issue immediately!

    Imagine if the same scourge were to befall milkmen, pool boys or gardeners. Goodbye population growth.:p
     
    Scott No Mates likes this.
  10. Xenia

    Xenia Adelaide Property Manager Business Member

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    Get another 3rd party maintenance person to give you an opinion on whether work was done to standard.

    Gardening is tenants responsibility so is picking up dog s.hit from lawn.

    Not sure if there is anyone you can complain to beside from the agent.

    State exactly what you want and get it done.
     
    Kate Moloney likes this.
  11. Gary Knock

    Gary Knock Member

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    The properties are in the throes of being transferred to another agent though I still feel agrieved so want to press forward a complaint Scott
     
  12. Gary Knock

    Gary Knock Member

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    Valid points Xenia, thanks
     
    Xenia likes this.
  13. Kate Moloney

    Kate Moloney Well-Known Member

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    Always get another opinion.

    Seen it too many times, interstate investors getting screwed because the property manager can get away with it. If you can, get a PM who is an investor themselves.
     
    Xenia likes this.
  14. Marg4000

    Marg4000 Well-Known Member

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    We found the handyman provided by each of our PMs good value. However, as our IPs were within 200 km of our home, we attended an inspection at least annually, so we were able to judge for ourselves.
    Marg