Does a property manager have too much power?

Here's the story: property manager vacating the tenant without permission

Here's the form I signed: https://homerentals.com.au/sc/default/doc/Form 6.pdf

Basically, I'm trying to work out
1. Does the agent have the right to release a tenant without the owner's permission?
2. Does the agent have the right to not notify the owner about a serious complaint from the tenant for 5 weeks?

Section 8.14:
The client authorises the agent to give notice to the client on receipt of a complaint or notification of any serious safety risk relating to the property (Does not say by when, could be 5 weeks, could be 5 months, as long as they give notice!)

Section 8.15:
The client authorises the agent to exercise the client's rights to terminate any general tenancy agreement with a tenant to the extent permitted by the relevant legislation (It seems they can terminate without the owner's permission! How bizarre!)

Based on the agreement, it seems that the answers are yes, yes? This is very shocking as I think the property manager is having too much power!

I contacted Queenland Fair Trading, they said if the agreement doesn't say anything, look at queensland occupations act to see if there's any breach. I can't find anything relevant. https://www.legislation.qld.gov.au/LEGISLTN/ACTS/2014/14AC022.pdf

Anyone has any idea?

Thanks!

 

Sounds like a question only a lawyer that is properly instructed can answer.

 

Don't wast time or energy chasing this issue until your property is repaired, under new management and tenanted. Focus your attention on getting income flowing in to you.

Then, if you wish, pursue the previous managers. Waiting a month or two won't alter anything.
Marg

 

Section 8.14:
To arrange for repairs and maintenance as authorised by the Client in writing (including the Authorisation in Part 8, Section 2 of the appointment of Property Agent). Emergency repairs are to be dealt with immediately and all other repair and maintenance requests are to be dealt with in a timely fashion.

Would mould be deemed an 'emergency repair' considering its health issues?

I think at the end of the day, you need to switch PM's and get someone who knows how to communicate. This wouldn't have been an issue then.

 

From personal experience in the industry I would never allow or release a tenant from a property without prior approval to the owner and I would normally let the issue go to QCAT if the tenant was wanting to get out of the property for any matter as long as the property wasnt deemed inhabitable. If this is the case then the lease can be terminated by both parties by mutual agreement.

I can see that your issue was with mould in the bathroom. Was it the only bathroom at the property, did they have other facilities to use. First step may have been compensation off the rent for the inconvenience of not having said bathroom to be used.