Tenant didn’t paid rent and now disputing arrears

hi all,

I am going through hell because of selecting unprofessional agency to manage my property in Brisbane.

The tenant has not paid rental for last four week and now saying she spent money on property to make it liveable. Tenant highlighted repair items and I got all repairs done.

Here I try to describe the sequence of events between agency and myself

1. Agency Allowed tenant into property without getting entry condition report signed
2. No Issues raised by agency/tenant at the time of listing or letting the property to the current tenant
3. Tenant is on disabled Centrelink payments. I asked for direct Centrelink payments to ensure payments are regular. Agency Confirmed direct cenrelink rental payment setup where is payment are on tenant's descursion completely
4. Agency didn’t issue rental statements to landlord and on inquiry information about rental payments not received since last three week

After above events I asked agency to evict the property, collect the rental for the period tenant lived in. Agency saying tenant taking it to QCAT( Qld court for civil issues)

I am based in Sydney and this is my investment property.

1-What should I do to avoid any further financial loss and ensure outstanding rentals are paid

2-should I Rely on unprofessional rental agency to defend me in QCAT

3- how can I stop tenant to damage the property in case she agrees to leave . The agency don’t even have a signed condition report , so m worried tenant can damage property as much as they want

 

Make sure your LL insurance is paid up.
Change PMs and let the new ones represent you at QCAT

 

You can't specify this.

 

The fact that improvements were done or on Centrelink is irrelevant.

Arrears need to be handled through legal action ASAP

 

Yup, this. ^

But probably worth clearing up some misconceptions for this landlord so that they're on the right track in this future.

 

But if I change the PM now then I am letting current go after all blunders

Secondly new PM would say y should I face QCAT

 

Because that's what you pay them for.

 

So you want to compound their blunders?

 

This is their best chance to impress you and they want your ongoing business. That’s how they earn their money.

 

The will if they are the PM of the property. I was in the same boat a couple of years ago. The new PM did take up the case to court and faced it. They collected all the documents from the previous PM but still it did not go well because they did not have first had knowledge and all the evidence.

LL insurance is there to cover your costs. Change your PM, do as much as you can and start a new life.

 

What are the items she is claiming needed to be done by her to "make it livable"?

 

Can we clarify what you mean by there is no signed condition report? The tenant is not required to sign the condition report for it to be valid.

 

Yea - There's quite a few misconceptions in the story. Hard to advise when only one side of story given

 

Hi Umer, welcome to the group.

I think the first thing to point out is that no property manager would want to put someone into your property that would make them look to their client how you now feel about their professionalism- this is something they will want to fix in most cases. There are a few things here that clearly sound like your property manager hasn't explained everything to you leaving a massive communication gap and now understandably I would also feel very exposed without having confidence in my agent. For example, why would a tenant sign a copy the ingoing before checking it at the property (this is different to signing to say they have received a copy), is this your expectation or something that they said they do as best practice - this doesn't make sense to me why this expectation was there.

I don't think pulling your business immediately is the correct response but I would want to phone into the conference call if the option is allowed when they represent you to see how they handle it. I would also have a word with the agency principle and discuss what your expectations are moving forward.

Have them action the lack of rent paid in line with local legislation and advise the tenant this conduct will affect renewals and references.

Best of luck Umber

 

Yes, document can not fully transfer to new agent, especially communication email can not. Tenant will make a new story for new agent.

 

Have done that, however new agent is saying rental loss and recovery of full bond money to cover rental loss is with previous agency. The new agent want a fresh start and dont want to own issues from previous rental

 

Did new PM charged you for presenting you in court? The agent I arranged is not wiling to present me in the court

 

the last section of entry condition report ( form 1A) is neither signed by Agency nor Tenant

 

is the tenant still in arrears? has the new manager inspected the property?

 

Thats their choice but agents always charge to represent you in court