Ex property manager harassment! WT?

I am not a lawyer but I have studied contract law at masters level university, so I do know something about contract law. Its very simple. You pay the contractor and take action against the agent for breach of contract.

Pop quiz question for @Schmoo, what are the remedies for a breach of contract?

 

How would you feel if you didn't get paid for an entire week?

Are you happy with the works the tradie did?
Did the property require the works?
Is the tenants issue with the maintenance needed now resolved?

If yes, yes, yes then what is the issue?
It was a misunderstanding but both the agent and the tradie were acting in good faith for your property...

If your annoyed with the PM that's fine. You have since moved from them already..

What else is the issue here? You feel betrayed, hard done by, taken advantage of?

Members have given you sound advice on here, of which you don't seem to want to take on board...

So I'm going to give my advice;

Put your hand in your Pocket and pay the bloody bill.....

 

This situation leaves the industry open to corruption. So you would be OK to pay an invoice for work that is questionable, unable to be verified, that you knew and still know nothing about, many months after the fact, just hand money over because someone produces an invoice? Wow, lucky people who do business with you! I have already stated that the fly screens were less than 6 months old (I replaced them myself) and were in perfect condition when the last tenant was evicted. ( I have receipts and photos). Why would I want to pay for a lie. This makes me feel the whole work is disputable. If you read through this thread this tradie screams dodgy, along with the PM (it's no surprise there is a relationship between the two entities. That's not to say that every drug dealer only associates with other drug dealers but it takes one to know one as they say). If I had been told about it at the time, I very well would have had the opportunity to address the situation, and would have paid for relevant work, but I have been disadvantaged given the time lapse.

As I reiterate, this set up leaves this part of the industry open to corruption. I wonder how many tradies get sent to IP to do work that is not necessary or warranted (or perhaps not even do any work) and then get paid because the LL has no idea. Isn't this the very reason that PM must obtain authorisation from LL for non urgent repairs, to prevent disputes like that happening? Some might argue $700 is not much, but that's a pretty good packet for a tradie with multiple BS stories. That would add up quite nicely indeed.

So to answer your 3 questions no, no and no. Your reply to me is based on an assumption that the work was needed and done.
I am new on here, Xenia's advice comment #9 falls in line with my current PM. I don't know Xenia but it appears her opinion is held in high regard.

 

Hi kinnon, a lot of you are missing an important piece of information I have advised, the tradie claims to have replaced flyscreens to the tune of $300, flyscreens that were less than 6 months old and I had replaced the entire lot personally. I have receipts (and photos of the house showing this a week before the invoice date). The tradie lied about replacing them. I don't feel sorry for him at all. He was dishonest.

 

How do ypu know the flyscreens were not replaced? They could have been damaged.

 

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I don't think that is sufficient evidence that the trades person was dishonest every trades person goes through this several times a week..

 

So blind leading the blind, teriffic

 

A PM would not get much business if they kept authorizing repairs that were not needed as LL would just move their business. Remember bad news spread so the PM would lose more potential business from doing the wrong thing.

If the tradie didn't do the work you will need to prove he didn't as he likely has evidence he did the work and then you have a case for fraud.

The option that everyone seems to agree is pay the tradie as your beef is not with him and deal with your ex PM and try and find a mutual agreement. Does it suck yes, do we want this to happen every time - no. However the cards are laid out for you and you need to remove emotions from this transaction otherwise you probably should be into property investing.

 

The agent engaged the tradie and should pay the tradie and then take it up with the landlord.

 

I can sympathise with the OP here.
If I was in their shoes, my concern if I paid the tradie is whether I would see the money back from the ex-PM.

Though in this situation my steps would be

1. Look at the in-going AND out-going condition report. If the ex-pm didn't supply one they need to

2. I would then query as to why items were replaced if they were noted down in the in-going inspection as good condition - if they were damaged then it should have come out the bond.

 

I agree. I would feel ripped off if that happened to me. But I would have a look at my contracts and see what the remedies are for a breach. There are 2 contracts here:
1) between the OP and the PM, which it appears has been breached.
2) between the OP and the tradie, which needs to be satisfied.

In terms of contract 1, I would definitely be taking action against the PM

In terms of contract 2, was there a breach of contract, what evidence is there of the breach and what are the remedies for the breach? For example, is it lawful to withhold payment as a remedy for the breach of contract?

IMO the PM is in breach of contract 1 and the OP is in breach of contract 2.

 

Sadly it would appear that the opportunity for rational negotiation has passed.

Many years ago a resident manager advised he had replaced a HWS in our unit for $1200. I phoned as we had recently replaced one in another unit nearby for $800. The manager, quite new, admitted he had not asked for quotes, simply phoned a supplier and authorised replacement. I expressed our displeasure and faxed him the invoice for the previous job. He agreed to amend our charge to $800 to match the price we would have been able to get.
Marg

 

Hi all,
OP here.
I did say I would provide the outcome of this dispute, whether in my favour or not.

I did seek legal opinion (free to me as I was dealing with an estate) and the following was found:
1. PM in breach of management/landlord agreement.
2. PM ordered to pay tradesperson.
3. PM in breach of privacy act and codes of conduct. Investigated and PM under order to implement protocols and undergo comprehensive training via Fair Trading.
4. Privacy breach likely to result in fine for PM.
5. PM now disputing the work done by tradesperson (interesting that they did not when they expected me to pay).

Goodbye. Thanks for replies.

 

Good result and thanks for the update.

 

Egg on face to a few self righteous posts here.
Good reult.