Should week free be in the lease?

Discussion in 'Property Management' started by ValSyd, 1st Oct, 2019.

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  1. ValSyd

    ValSyd Member

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    Hi,

    I'm currently in the process of switching PM for one of my property.
    While getting the paperwork ready for the transfer, the tenants have told our new PM that they were suppose to get a free week rent when they moved in.

    We only agreed for a free week rent if someone moved in our property before the 1st of January and given the tenants moved the 8th of January, they were not supposed to get the free week, as also confirmed by the previous PM.
    Unfortunately, the tenants got an email where the previous PM agreed for the free week, after the 1st of January.

    So my question is now do I have to offer the free week even though I didn't agree to it?
    Should this free week be written in the Lease?
    Why would the PM not give them the free week at the begining of their tenancy?
    Should the PM be responsible for this? It seems they are never accountable for any mistake they make.

    Thanks for your feedback.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    1st January-7th January was their week free, if they choose not to take advantage of it.....
     
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  3. ValSyd

    ValSyd Member

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    Would you be able to link a legal document to confirm this?
     
  4. ValSyd

    ValSyd Member

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    Sorry I can't edit my previous post for some reason?

    I wanted to add that I'm concern now I may upset the tenants if I refuse to offer this free rent :/
     
  5. Trainee

    Trainee Well-Known Member

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    Then give it to them.
     
  6. housechopper2

    housechopper2 Well-Known Member

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    If it was promised to them in writing by the managing agent, I would be giving it to them (regardless of the fact you have subsequently switched agents).
     
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    They're your documents - the lease, the advert, emails confirming the conditions of the offer and acceptance.
     
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  8. Zepth

    Zepth Well-Known Member

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    If they have a promise in writing from the managing agent then they have, in effect, a promise in writing from you.

    you should give it to them and take it up with the agent who stuffed up
     
  9. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    If the tenants have confirmation in writing from their previous agents on their free week, then it should be honoured and will likely be held up in if they take it further.

    Have a look at the ledger from your previous agent to see if the free week has been provided as generally this would be at the start of the tenancy.
     
    Michael Mitchell likes this.
  10. ValSyd

    ValSyd Member

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    Thanks for your feedback.
    The issue as I said is that the PM is never accountable for his mistake. We already had a few other issues with them that's why we are switching.

    Obviously the free rent has not been offered yet after more than 6 months of lease... And as you said if it's written I have to offer it.

    But then what can I do with the previous PM?
    They are not replying of course because they know they made a mistake and refuse to take any responsibility...
     
  11. Trainee

    Trainee Well-Known Member

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    Two separate issues.

    Your relationship with the tenant. Give it to them if you want them on side.
    Your relationship with the old PM. Complain to the REA?
     
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  12. SeafordSunshine

    SeafordSunshine Well-Known Member

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    I had a thought,
    given they are probably not entitled to it ....
    give them a week 'free' at the end of their tenancy.
    Provided that the rent is paid in full.
    the premises are cleaned in a professional manner.
    Water usage paid.
    Win Win?
    I hope this helps
     
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  13. Zepth

    Zepth Well-Known Member

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    why wouldn’t they be entitled to it? It has already been offered to them in writing by the managing agent.
     
    Michael Mitchell likes this.