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Difficult landlord

Discussion in 'Property Management' started by tasksta, 22nd Sep, 2016.

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  1. tasksta

    tasksta Active Member

    Joined:
    18th Jul, 2016
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    39
    Location:
    Mornington peninsula
    hi folks

    We finally settle on our VIC PPOR this Friday so no more rental for us!

    We have broken lease early and agreed by email to pay all contractual costs that have already been identified.

    Our contract requires ''satisfactory" garden maintenance, the short story is we have spent over a week cutting, clipping, weeding, pruning and even mulching the 1800m block and the landlord is still unhappy.

    We have supplied photos and are 101% certain it is a 'satisfactory' effort.

    Our plan is to do no more and simply pay out the fees as agreed, however my questions are:

    Can we pay the fees from our bond?

    How can they enforce any additional gardening costs?

    Im assuming VCAT?

    Should i be worried? (Im not)

    What would you do?

    Cheers
    Paul
     
  2. MyPropertyPro

    MyPropertyPro SE Qld Property Management & Investor Services Business Member

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    Australia
    Firstly, congratulations!

    The overriding principle with most letting is that you left it as you found it as per the ingoing condition report, minus normal wear and tear.

    I'm not aware of the exact procedures in Victoria, but if they want to claim anything and you don't agree to pay directly, the way it usually works is that they try to take it out of bond, you dispute it and it proceeds to mediation and/or the tribunal from there.

    If you've spent that much time and effort into gardening then just take some photos and compare those to the ingoing report and any ingoing photos. If it goes to mediation and then VCAT then you'll want something to argue your case.
     
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  3. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    A reasonable PM would recommend to their LL that they would likely lose at Tribunal. If you have photographic evidence of doing a good job, you'd likely win the case.

    Do nothing for now except explaining you position to to the PM.

    Yes, other fees can come out of your bond money.
     
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  4. tasksta

    tasksta Active Member

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    Location:
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    Thanks guys, all as expected but my wife is freaked lol

    As a landlord myself they are being very petty i feel.

    Cheers
     
  5. KateAshmor

    KateAshmor Victorian conveyancing lawyer Business Member

    Joined:
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    Location:
    Melbourne
    Can we pay the fees from our bond?

    Yes, if you can agree to an amount with the landlord.

    How can they enforce any additional gardening costs?

    Depends if they have a condition report that states the condition of the garden when you moved in.

    Im assuming VCAT?

    Yes

    Should i be worried? (Im not)

    No, worrying won't help.

    What would you do?

    Leave the property in the same condition as I found it.
     
  6. Lil Skater

    Lil Skater Well-Known Member Business Member

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    Location:
    Melbourne
    Can we pay the fees from our bond?

    Yes.

    How can they enforce any additional gardening costs?

    Only if they go to VCAT.

    I'm assuming VCAT?

    Yes, where they will need to present the condition report, final inspection and photographs showing that the gardens are not to a reasonable standard.

    Should i be worried?

    Knowing VCAT. Probably not. Usually will side with the tenants, providing property has been left in a reasonable condition, you're fine. But it will waste a day of work.

    What would you do?

    Negotiate or fight it. If the PM is any good they'd be putting the owner in place - some cannot be helped and you may need to go to VCAT regardless (unless the PM fires them first...)
     
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  7. tasksta

    tasksta Active Member

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    Location:
    Mornington peninsula
    Thanks all for the replies, one last question...

    Im responsible to pay rent until the new lease commences but how do i know when this is?

    Will they provide a copy of the new tenants lease?

    Do i take their word for it?

    Cheers
     
  8. willair

    willair Well-Known Member Premium Member

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    Location:
    Brisbane..
    All you do now is become a good listener ,and the less you say is sometimes better..
     
  9. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Sydney
    Hiya, and congratulations!
    Has the agent advertised the property for lease?
    Held Open for Inspections?
    They also have an obligation to mitigate their loss..
    I hope this helps
     
  10. tasksta

    tasksta Active Member

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    Yes they have a new tenant which is great but i want to know when the lease begins as im responsible for rent until then.

    A good friend in the same scenario paid out 3 weeks rent until the new lease 'began' only to see the new tenants move in the day after he left!

    How do i know they are not having a lend of me?
     
  11. Lil Skater

    Lil Skater Well-Known Member Business Member

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    You can ask for a copy of the lease, however they may not provide it (probably citing privacy laws). You may be able to ask if they can provide it with the new tenants names blacked out, but honestly they could still lie about that given they draw up the agreements anyway..

    If it went to VCAT they would need to swear in that the evidence they provide is true and correct, though.
     
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  12. Propagate

    Propagate Well-Known Member

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    If you are local, just keep popping passed every day or two until you see someone "living" there? See if that gels with the date they gave you.
     
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  13. tasksta

    tasksta Active Member

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    Location:
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    Yup ill be doing drive bys everyday lol
     
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