Property Management Fees Taken from Bond

Discussion in 'Property Management' started by rhinsor, 4th May, 2020.

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  1. rhinsor

    rhinsor Well-Known Member

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    Can I please get some opinions on this from property managers and landlords?

    A tenant vacated my property in January and the bond only came through last month after court.

    The property manager took their fees from the bond however I told them I wanted the bond for all the repairs. They rejected my complaint on this.

    Should they of done this?
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    Probably entitled to that under your agreement with them. As your agent they take their fees before handing over the rest to you.
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    What was the judgement by the tribunal?

    What is the bond for and how is it determined? Usually calculated as X weeks rent not a damage waiver.
     
  4. Hayley Cannon

    Hayley Cannon Well-Known Member

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    Was the bond awarded for repairs or rent default?

    If rent arrears they are required to reciept to this hence fees being taken, if awarded for repairs unless your MAA states they can take fees on this collection then no they shouldn't have taken fees
     
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  5. thatbum

    thatbum Well-Known Member

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    Last time I had a look at the WA standard management agreement, they could take their fee through any "gross takings".

    So basically any money they take on your behalf probably.
     
  6. rhinsor

    rhinsor Well-Known Member

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    Cheers all,

    From what I was told, the previous tenant didn't respond to the court so it was awarded automatically. I didn't get a copy of the court paperwork so I don't know what was on it, I assumed repair costs.

    Would they also be able to take fees out of an insurance claim if they lodged it?
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    We haven't seen the management agreement.
     
  8. thatbum

    thatbum Well-Known Member

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    Its probably something that would come under gross takings if it went through them.
     
  9. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    Seems reasonable to me

    ta
    rolf
     
  10. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Are they taking fees that they are entitled to based on the management agreement? If so, it seems to make sense for them to take them from the costs- were you intending on paying the fees back after you received the bond?
     
  11. Ted Varrick

    Ted Varrick Well-Known Member

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    Um, get a copy of the court paperwork, and read it.