PM refusing to handover to new agent...can I 'co-manage' in the meantime??

I won't say who publicly, it shouldn't affect too many others as these are live-in onsite manager's that I have the issue with rather than a local agency, hence the reason I am aware of other owners' issues and I'm more concerned about a conflict in person....and any future tenants being given a hard time.

 

I have instructed that they remove property from the market, requested no more inspections/advertising etc....advised that it's not available for rent at this time while I fix up issues identified in the exit I wasn't privy to (and any others I find)....and I get "Do you not understand by contract we are in control of your property and we are not prepared to release you from that contract." And told me they are still going ahead with inspections. (Standard reiq contract)

 

I'm not an expert on management agreements, but I can't exactly see how they can stop you from doing whatever you want as an owner.

The only issue is whether you are breaching your agreement AND causing your PMs any loss as a result of that breach. It would be hard to see what scenario would fulfill both conditions at once...

(maybe a mandatory inspection-type clause where they get to charge you?)

 

I highly doubt your contract says this, or even remotely has the practical effect of this.

Broadly, a management agreement is an agent-principal legal arrangement. So its more about what the PM does and doesn't do on your behalf.

 

You can terminate the contract without 30days notice. However you will be liable for the loss this causes the agent.

 

You need independent legal advise if you have advised them not to relet the property and they believe they have the right.

 

Sounds like they want to put anyone in there just to charge you a letting fee? I would get legal advice. When I sought legal advice the first meeting was free, and a letter from the lawyer cost about $1100 5 years ago and problem solved.

 

If the property is vacant and you have keys, you can go in.

 

And defintely name & shame -it's the least you could do.

 

If I was you, and you have a vacate date, I would be at the property right after that advised date & if obviously vacant, I would be going in, doing photos etc & now they say they will re let anyway, I would change locks and notify the police that your having trouble with the manager in case they force entry.

I cannot say what has gone on between you all, but they act for you, they are an "agent" not owner.

Hope your Christmas and New year gets brighter soon...

 

Thanks for all the advice. I did go in after I was sent a pathetic excuse for an exit report, with 2 witnesses, a video camera and a camera and took plenty of video/photos. In general it's in good condition, but a few things I would do before I'd let someone live there - bathroom not cleaned (lumps of soap all over glass isn't clean in my opinion! not to even mention mould, and minor other stuff like light fittings full of insects, dirty/greasy hotplate)....I definitely didn't 'white glove' the place, but stuff that needs to be cleaned immediately when you move into a place isn't ok. It's all minor, but someone has to do it, so that will be me because Bond will be gone.
Am getting legal advice from friend who is a lawyer, they've been looking over the contract etc today - not the greatest day to find a lawyer available! I haven't changed locks, because I will take this to Fair Trading now and I am playing it down the line...same with name and shame for now in case it goes to court! They won't just take me for a small amount owing, they'll go legal fees etc and they can afford it - this is not about the money in any way.
Was sent a tenant application after I instructed not available....no rental history, only referee is mother, no payslips provided for proof of income, no employer contact...and I am expected to consider and approve promptly as they want to move in right away!

 

^ All I can say to that is LOL.

"Sorry, not accepted."

 

I would be getting a good lawyer to Fu$K this PM company up hardcore! I wouldn't care about losing some money, I would want to decimate this firm with every legal avenue I have until they regret ever knowing me.

 

Let them know that you're moving in as of tomorrow. No management fee, property is out of the rental pool.

 

Advise them not to sign any lease without your consent. If you're afraid they will sign on your behalf even when instructed not to - tell them you want the property to be advertised for rent at 2x the estimated rent.

 

So for anyone wanting a good laugh, (at perhaps my (financial) expense)....apparently family are the BEST referees, previous managers even told them that! Lack of financial info etc didn't rate a mention in the response... I clearly said applicant not approved, was told they would inform, and now they keep sending me the bits that were missing though - the poor applicant, I've told them repeatedly to tell the applicant the property is not available at this time.

After multiple requests, advertisement has been removed - and when I was informed of this I was also smugly informed that the property can not be listed again on realestate.com.au for 6 weeks now, regardless of change of agents. Apparently? I can't find it in their terms and conditions....anyone know of this?

 

In my unofficial opinion, I call ********.

Man, you are going to be SO glad when all this is past you. How many more days??

 

List the property unless otherwise clearly stated in your agreement.

How many more days before this is over.