Property manager scares me with tons of maintenance issue

Discussion in 'Repairs & Maintenance' started by PropertyInsight, 15th Feb, 2019.

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  1. Propertunity

    Propertunity Well-Known Member

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    Which contract? The Managing Agency Agreement with the agent or the Lease with the current tenant?
     
  2. Marg4000

    Marg4000 Well-Known Member

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    Get the tradie back to fix it properly. It should not need a “strong hand” to work properly. Even a child should be able to open or close a sliding door.
    Marg
     
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  3. PropertyInsight

    PropertyInsight Well-Known Member

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    Thanks for your inputs.

    The tenants reported the deck's nails jumped up and some timber top benched. My tradies came, nailed down, and replace all the benched timbers. Tenants came back and asked to replace the whole deck because they believe that deck is unsafe. They told that timber all are rotted. I flight from interstate there and inspected, just some timbers are rotted and not all of them. I would consider to replace the rotted timbers. For me, safety is just the tenant's personal opinion. After long conversation, she suggested me to hire a qualified building inspector to give a report at my own cost.

    I cannot bear with this tenant any more. Not just because of the deck issue but a lot of other unreasonable requests. They drained me to argue on many issues. I actually want to get rid of tenants who bring me headache now and going.

    I have just found that Article 284 of Queensland Tenancy Act which says as below. Do you think that property unfit to live is a good ground to issue a notice to leave? I would tell them the property unfit to live give tenant 1 month free rent for them to look for new accommodation. After tenants leave, I will repair the property, even build new deck if required, and put a easy going tenants in

    law.jpg


    source: https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-2008-073



    Kind regards
     
  4. Propertunity

    Propertunity Well-Known Member

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    No, sorry, it isn't. There have been a number of cases where tenants have been injured due to rotten timbers on decks, here’s just one: Northern NSW tenant succeeds in his public liability claim receiving $250,000 in compensation as a result of a fall in a rental property
    So you as a LL and your PM could be held jointly responsible. I'd be surprised if your current PM would want to continue representing you into the future due to liability issues you don't seem to want to address.
     
    Last edited: 21st Feb, 2019
  5. PropertyInsight

    PropertyInsight Well-Known Member

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    Propertunity, you misunderstand me. I did not say that I would not repair the deck for safety purpose. Actually, I will do it but after the tenants moves out. I just want to ask if I can use the ground of unsafe/unfit to live to terminate the contract early before the lease expiry.
     
  6. Propertunity

    Propertunity Well-Known Member

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    Yeah Nah! Probably not. It might be better if the tenants asked to break their lease early and you let them.
     
  7. Andrew Allen

    Andrew Allen Well-Known Member Business Member

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    You only need to be sued once to fully understand this statement is risky.
    As a landlord you need to action these requests as a matter of urgency, decks and stairs are prime areas for risk also. Just from a risk exposure perspective and covering yourself. For sure some tenants are super high maintenance, most are reasonably fine though. Good luck and hope things quiet down for your property.
     
    Last edited: 21st Feb, 2019
  8. wylie

    wylie Moderator Staff Member

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    I'd be getting whatever needs to be done while these tenants are paying you rent. Then don't renew the lease. But make sure you get notices in with plenty of time so it is all done properly.

    And, like others have said, safety is paramount. And the fact the tenant has raised this subject is a big prompt that you need to act quickly. A friend of ours fell off the deck and broke her back (lots of ladies fell that day) a number of years ago where one lady died. Lawsuits all round.
     
  9. Angel

    Angel Well-Known Member

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    Qld - 60 days notice to vacate.
     
    Last edited: 21st Feb, 2019
  10. PropertyInsight

    PropertyInsight Well-Known Member

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    Never intend not repair deck. It is the most priority for me. Just ask if it is good reason to give notice to live but it is not. So, I will not renew rent when it expires.
     
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  11. wylie

    wylie Moderator Staff Member

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    I understand you didn't plan on not doing the deck, but I'd be getting onto it very quickly now the tenant has raised it. You need to be seen to be mitigating any risk and doing that very quickly.

    Perhaps in the meantime, you can have someone place some sheeting over any rotten bits to prove you are taking this seriously and acting quickly?
     
  12. Marg4000

    Marg4000 Well-Known Member

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    You can’t wait till the tenant moves out.

    You need to repair it NOW.
    MARG
     
  13. The Y-man

    The Y-man Moderator Staff Member

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    ... and the main reason everyone is saying "fix the decking now" is that if the tenants are so nit-picky, they are probably nasty enough to sue you for a broken toe (which may not even have happened at your property), loss of work, etc etc and because they have warned you, your insurance may be void etc etc.

    The Y-man
     
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  14. HUGH72

    HUGH72 Well-Known Member

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    I agree with the earlier posts, you are really playing with fire here and need to get the deck repaired immediately. The problem has been brought to your attention, you would potentially be liable in the event of an accident.

    Definitely some red flags in terms of the tenant so I wouldn’t renew their lease when it expires.
     
  15. PropertyInsight

    PropertyInsight Well-Known Member

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    I have changed new PM. However, tenants keep sending maintenance requests (see the list). This is the third months with no rent. I cannot afford to give tenants rent without any income. It i impossible wash disher, spa, and HWS are out of order at the same time in just 3 months whereas previous tenants have no problems with them at all. I have asked PM to negotiate with tenants to terminate the contract and give tenant a compensation of 1 month free rent. If negotiation is unsuccessful, what should I do?

    3: Tree hanging on side of house, is allow possums easy access to the roof
    4: Tree under the pergola is pushing up on the roof, which could cause damage later on
    5: HWS is leaking
    6: Sliding door downstairs does not open/close, appears the house has shifted and unaligned the door
    7: Laundry ceiling appears to have a slight leak, tenant noted it was damp from the rain on the weekend
    8: Dampness on ceiling in bedroom 2, main bedroom and bedroom downstairs
    9: Light in bathroom is hanging out of ceiling, appears to just require a casing
    10: Balcony door is hard to open/close, appears the house has moved and unaligned door
    11: Outdoor blinds on balcony zips are broken
    12: Spa bath jets are not working
     
  16. The Y-man

    The Y-man Moderator Staff Member

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    IMHO FWIW
    • Cut down all trees. They will cause problem for gutter etc anyway if they are close to house
    • HWS - have PM check to see if it is just releif valve not relieved
    • Doors - tougher to judge - again PM maybe can give opinion. I have only ever had problem when door knob fell off etc.
    • Possible rain leaks - could be in your own interest to have looked at by plumber. Can cause major damage if not fixed
    • Outdoor blinds - remove. Should not have been offered.
    • Spa - we had to replace pump/heater - It is a problem when you offer property with extras. Theoretically you charge more rent.

    The Y-man
     
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  17. Stoffo

    Stoffo Well-Known Member

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    Sounds like the property is quite old, and hasn't had regular ongoing maintenance !
    What is your strategy with this investment @PropertyInsight ,why did you originally buy it?

    How long the OP has held the property is anyone's guess (but the reference to previous tenant would indicate it has been held for more than a year).

    Were any of the defects identified in the previous tenants vacating report, or the incoming for that matter ?
    If you can prove that the property was in this condition when inspected then do they really need to be fixed ? (The deck blinds as an example) I agree the deck and water leaks are issues, but is the deck just springy, or actually rotten?

    Sounds like both PM's should have spoken up, the first to raise possible issue's after the last tenant vacated, the second when taking on the property (though they prob were handed the property from their Principle ).

    Pretty much every issue raised to PropertyInsite seem legitimate, I'd be happy with my tenants raising issue's like the water leaks and building movement (prior to them becoming costly) the deck and blinds should have been identified on a simple walk thru (preparing to lease).

    Pls don't blame the tenant
     
  18. MWI

    MWI Well-Known Member

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    Lesson learned, sometimes we need to 'manage' our 'managers'.
    You need to be proactive and communicate your concerns and check limits set on contract. As with any people and quotes, we need to negotiate and manage sometimes too.
    Welcome to RE and part of your property business.
    I live in SYD and have manyyyyyyyy IPs in BRI so I deal with such details all the time!
     
  19. PropertyInsight

    PropertyInsight Well-Known Member

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    It is a very beautiful house, nice and neat, well maintained by previous owner. I bought IP 1 year ago. My bank account dropped from $20K to $2K in 2 months for these big works. I have to pay land tax due soon. So, I cannot bear any more costs. Going to sell it now. Need borrow money to fund the sale cost.
     
  20. skater

    skater Well-Known Member

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    Maybe it IS Justine.
    This
    And this

    Fix the things that need fixing. Simple