Damage to IP by previous owner

Hi Everyone,

I recently purchased an investment property in QLD, pre-settlement inspection was done a few days before settlement and was all good.

The previous owner has since caused damage to the fence when moving. He also came back when the tenant wasn't home and took the washing machine and dryer (he has admitted to this). These items were part of the rental agreement when the house was sold and the tenants have had to buy a new washer and dryer.

Is there anything I can do here to help with costs?

Your help is appreciated!!

 

Were the washing machine and dryer listed as inclusions in the sales contract he signed with you?

If so, contact the solicitor who handled the conveyancing.
Marg

 

Ask him to pay up or you are going to the police for stealing. Lodge a report with the police and seek advice from you insurer/s to pursue.

 

These were listed in the tenancy agreement that was included in the purchase

 

Were they part of the inclusions in your purchase contract?

 

Tenancy agreement is between you and tenants, this means you'll provide them with these items.

Sales contract is the one between buyer and seller. If those items were on that paperwork, talk to the solicitor that handled the purchase . Or if they werent included on that paperwork then theres nothing you can do (but still have to fulfil the tenancy agreement).

 

It’s not stealing if these weren’t detailed as specific inclusions in the sale contract.

If not, they remain the property of the vendor and he is within his rights to remove them.
Marg

 

report it to the police. Theft and tresspass
In addition sue him for recovery.

 

What does this mean?

 

I'm assuming that they were the property of the current owner. If not, the police or insurance would soon clarify that. I'd always start with a polite phone call to the seller anyway.

 

This makes sense, i guess it's what applies for me!

But surely they can't come over unannounced and just take the washing machine.. right?

 

Any sentence that starts like this usually ends in tears.

 

Sounds like they did!

 

Lesson learned: make sure everything that isnt nailed down that is owned by the seller is included in the contract.

 

More to the point is that the current tenants are without a dryer and washing machine which are included in the lease.

 

Another lesson learned: CHANGE THE LOCKS!
Once keys are handed over to you, you should then be handing them over to a locksmith

 

I think you should have been liable to replace the whitegoods under the terms of the lease so be ready to accept a claim for a reduction in rent due to loss of access to these whitegoods by the current tenant.

Nope ...... too late so either accept less rent or reimburse the tenant for their purchase and take ownership of the whitegoods.

If the tenant hasn't requested anything and keeps paying the same rent more fool them and you should send them a $100 gift card for the inconvenience and thank your lucky stars you got off lightly.

I believe the appliances were removed post inspection and pre-settlement so the OP could not have changed the locks but in normal circumstances this is a good idea but not always economical so you really need to assess you own level of risk exposure.