Problems with PM - just my luck again

So I have just found out from my PM that my previous tenants (we have just moved back into the property) are taking us to the tribunal for approx $550 of overpaid rent that we have not refunded them. We have not done so for a number of reasons:

1. I had asked the PM if we would have to refund them the rent if they vacated early. She did not respond but allowed the tenants to leave early without providing the advice I asked for. I would not have agreed to this in the first place.

2. They did not maintain the front or back yard well. There was about 3-4 months of fallen leaves, branches, etc on the front yard. There was also dirt on the front walkway, doorsteps and patio that was not cleaned. I called a gardener to clean this before we moved in. Their bond was already refunded at this point so I thought it was a waste of time to contact them as they'd have no obligation to do anything.

3. The PM returned one key to me despite me providing her with three at the beginning of the lease. We were staying at a serviced apartment and she left the key at reception rather than giving it in person. She did not call or email to let me know she had the other keys for two weeks. She has a very poor track record of responding to (and even initiating) any communication so I had the locks changed for security. She then sent an email to me two weeks after dropping off the first one saying she has the other keys.

4. The tenants were negligent was using the oven's grill and kept the door closed while using it (despite the "Keep door open while using grill" warning in caps on the inside of the door). The top part of the door is all melted. This was not picked up during the PM's final inspection. We never even received a final inspection report or overview or even photos despite asking for it. This is clear negligence by the tenants as the instructions are right on the door and not wear and tear. I've had a look online and think the parts would be a few hundred (plus I would obviously also pay for labour if they do go to the tribunal).

5. They blew the fuse for the hot water system by pulling it out (I think, sorry don't know proper terminology for this) from the fuse box before leaving. This cost us $360 to repair. If they did not know how to use this, they should have called an electrician. We had no hot water for two days.

What are my chances with these issues? A lot of this has been due to the PM's negligence but unfortunately, there is no tribunal that I can take her to. The sad thing is that they were very well recommended which I'm a bit baffled by. I'd appreciate any thoughts.

 

Cimbom, pretend this isn't a post from you, but from some other miscellaneous poster called Bob (and, for all the Bob's that may exist, don't take it personally...) and then reread it, and see how you feel.

1, 2, 3, and 4 are issues to do with the PM and the previous tenant seems to be being penalised for it.

No. 5 looks like something the PM should have picked up and the electricians bill should have been deducted from their bond. Have a look at your agreement with the PM and see if they are in breach, and need to cough up some coin. Probably unlikely as Property Management Agreements, like Strata Management Agreements are there to protect PMs and SMAs, not landlords and Owners' Corporations.

Either way, Tribunal is probably going to be a WOFTAM (Waste Of Time And Money) so maybe consider giving them back their $550 and moving on.

And dump the PM.

 

Agree with this but I believe OP no longer requires PM as she has moved into the property.

Wouldn't hurt to seek advice from Office of Fair Trading also.

 

Research into the legislation about tenant notices etc for your state.
I remember from my tenancy days in NSW, if we leave before the notice period date there was no refund of rent.

 

Isn't the grill door the tenants' responsibility as well? The top part of the door is very visibly melted. Surely adults can be assumed to have knowledge on the correct operation of an oven or at least know how to read very clear existing instructions. I understand that the PM should have picked it up but it needs to be fixed regardless. Just this repair, the electrical work and their water usage (which hasn't been paid yet) is around $1000.

 

The bond is for legit damage, rent can only be charged for time that it was legally rented, so you need to know if they legit over paid, or as poster above says, left early of own accord in which case they have not overpaid and damage could still come from bond or claim on insurance.

 

Bond has been refunded already. The repairs probably can't be claimed as they are considered separate incidents and each close to the excess so would be pointless.

I said to the PM they can leave early BUT will I need to refund anything. She told them they can leave and did not respond to me. I asked because if I did have to, I would've said they have to stay till the end of the month.

 

Sounds like an issue between you and PM on the surface then.

Bond should not be released if there is issues/damage, but some PMs do this without even asking or doing inspections.

 

So if they do go to the tribunal, am I able to mention the damage as a defence or counter point for not refunding the money? Or even just presenting it separately given that it would cancel out their claim?

The PM actually replied to my previous email saying she agrees regarding the front yard condition but that the dirt was due to tradies coming to the property. This was at the tenants request and at least six weeks before they moved out so not sure how the reasoning is even relevant. They'd have ample time to clean this. I know people who have had to reclean bits of dust to get their bond back.

 

The repairer for the oven charges a call out fee of $140 plus parts and labour. I have seen the same brand but different model grill door online for $400 so the entire job could be ~$700. Not sure if that'd be worthwhile if a new oven is $1000.

 

If you cannot get anywhere with the PM, then speak with the fair trading or eqv. and give them all details so they can advise.

 

I agree majority of the issues sound like an issue with the PM. The tenant would have probably had the same correspondence from the PM like you have had yourself and not aware of the issues that you have raised.

I would maybe contact them directly and try and discuss these matters with them as they maybe understanding given the circumstances.

 

Rent and money for damages are separate issues, you cannot withhold rent (or in this case, refuse to refund) based on damages to the property.

Sounds like the PM is useless and there was a number of issues that probably should've been taken from the bond, but since bond has been refunded the money you have is for rent and therefore needs to be refunded.

I've had times where the tenants have agreed to "convert" the rent paid to put towards damages, thereby not getting a rent refund. Generally speaking though, rent is rent and cannot be assigned to anything else unless agreed. This includes overdue invoices they owe, damages etc.

You *may* be able to use the damages as a way to keep the funds, but I really don't like your chances.

I'm in Victoria though, so I'd probably check with a PM in your state or call Consumer Affairs/Fair Trading.

 

Agree - seems pretty much like PM issues.

 

I will contact Fair Trading and see what they say

 

The PM has started to get stupid and defensive. I sent copies of the two receipts from the electrician and she is nitpicking the items on there despite it clearly saying that the hot water was not working and the fuse was removed.

She also claims the oven grill door miraculously melted despite having no evidence of what it looked like when she "inspected" it. The top part of the melted bit is very hard like it has been like that for months, not soft like you'd expect it to be if it was recent.

It is now at the point where she is saying all manner of ridiculous things to save face. I think if I had selected a random PM from Google I would have better luck than this. I have sent an email to Fair Trading but will probably have to call as they say it can take 1-2 weeks to respond to emails. I think I will be making a counter-claim if they go to the tribunal.

 

Who do you mean? And a counter claim for what?

 

I will lodge a separate application to the tribunal to recover the costs of the electrical repairs and oven grill door. I will have to call to see if it'll be done in the same hearing or if it'll be another one. I will wait to see what Fair Trading says regarding the PM's conduct first though

 

I don't like your chances. The tenant will claim that the return of the bond is evidence that they were not held at fault. They will also claim that your action is in revenge for their rent claim.

See what Fair Trading says and get advice before chucking good money after bad.
Marg

 

How about if the bond report (which I am still waiting for) doesn't say anything about the grill? Then it wouldn't be proof of anything would it?