QCAT - Owners to take Legal actions against property managers?

Hi,

Does any owner have experience to take legal actions against property managers in Queensland that are not doing their job or causing owner's loss? Is QCAT the right place to go?

 

Possibly, but a lawyer for legal advice is the actual right place to go first.

I've had so many owners seek my advice on claiming against their PMs. I'd say less than 10% even had any real prospects of success, and even those were usually less than the owner was hoping for.

There's just many hurdles that most owners don't appreciate.

 

I can't advise on the out come, however I have advised an owner to start with Dept of Fair Trading. My best advise is to change management, look for a PM that is also an investor as they have a better understanding of what you will expect as an owner themselves.

 

I had a problem with a property manager so went the Department of Fair Trading. They did investigate and tried to mediate for me. After a lot of to and froing (typical of government departments), I gave up because it was taking so much time. I regret that I did not persist because the property manager cost me a lot of money by not getting the tenant to sign a lease agreement which prevented me from claiming landlord's insurance.

 

It could be argued that their negligence caused your loss. They have a duty of care to act as your agent so this didnt occur. I would ask them to cover your loss. Put it in writing. Best if you see a solicitor - They would likely add their costs to the claim

 

recently our agent attended a QCAT hearing against our previous tenants who left over $3000 damage to our property. The agent failed to take supporting documents and photos to the hearing and the bond was awarded back to the tenants due to no evidence being provided by the agent. We've since been advised by fair training to lodge a claim with fair trading against the agent .

 

I can't understand why an agent would attend QCAT with out all evidence, that just doesn't make any since

 

I

I know! The judge was sympathetic toward us, we had photos on the phone but she couldn't take electronic evidence so had to refund the bond. We've fired the agents who refuse to compensate us so it's off to fair trading we go. We can't believe this could happen but it has.

 

It is well documented on the QCAT Form all evidence required to be lodged in the required format (eg. printed photos sometimes don't show up everything like a photo on screen) but that what we have to work with.