Tenant's left but....

Discussion in 'Property Management' started by giraffez, 3rd Jun, 2017.

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  1. giraffez

    giraffez Well-Known Member

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    My tenants have vacated and left the property uncleaned. Cobwebs and dust everywhere. They claimed to have commissioned a professional cleaner, but it is obvious its not done. What to do? Get them to get the cleaner back or just clean and get it back from the bond?

    What about cobwebs outside the window, I mean layers of them! Are they responsible to have that cleaned?

    Are they responsible for the outside? I have like a verandah area that is covered with colorbond. Lookup up at the ceiling of the colorbond is filthy. And gutters are full. Are gutters my responsibility?

    Only keys to one door has been returned to me. Can i get the locks replaced and claim them for it? They indicated that they *may* have the keys somewhere, but how long do I wait?

    Walls have a lot of unauthorised nails and items on them. Are they supposed to ask my permission before the put a nail in?
     
  2. Trainee

    Trainee Well-Known Member

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    What does your pm say? If you dont have one get one because you dont know How to do this yourself.
     
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  3. wylie

    wylie Moderator Staff Member

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    Have you signed to return their bond yet? I'd assume not. Ask them for the receipt for the cleaner. I'll bet they haven't paid a cleaner.

    I'd put down a figure (get a cleaner to quote) and get a locksmith in to issue keys to any locks they have not given keys back for.

    Get a quote from a painter if you want the nails (picture hooks?) removed and the walls repaired.

    Gutters would be your responsibility. Colorbond ceiling I'd say is your responsibility.

    These things are not cut and dried. But I would never expect a tenant to clean the outside of the house.

    Most of the time, if we have a house left that needs another clean, we get in and do it. I know agents will allow several days for a tenant to come back and do another clean. I prefer to do it myself and get it rented again.

    I'm talking a few hours of my time. I prefer to spend a bit of elbow grease rather than lose a week with the house sitting empty hoping the tenant will come back and clean it.
     
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  4. Xenia

    Xenia Well-Known Member

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    They are responsible to return the house as they found it.
    Yes they are responsible for cobwebs outside if you have an ingoing inspection to prove there were none to begin with.
    If it was cleaned to start with and you can prove it then you can ask it to be cleaned to the same standard.

    You can give them an opportunity to go back and reclean - I don't!
    Our tenants get one chance, then we get the place cleaned and claim from bond. I have 200-400 photos to prove the original condition that's why I would go down that path.
     
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  5. Xenia

    Xenia Well-Known Member

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    You can't get locks changed and charge to tenant, but you can get missing keys cut and change to tenant.
    You need a key receipt to show what is missing.

    Also, nails in walls etc, tenants are to make good any damage. Get it done and charge to bond.

    If you are arguing this at a tribunal, invoices (work actually done) will be more favourable than quotes.
     
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  6. giraffez

    giraffez Well-Known Member

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    But I don't have a spare set and unfortunately my old agent who I have since sacked never made one either. This was my first IP and I thought at the time without knowing any better, I was not allowed to keep a set. So changing the locks is my only option?
     
    Last edited: 4th Jun, 2017
  7. Xenia

    Xenia Well-Known Member

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    Use the agents set

    You can't charge for a locksmith because you do not have a spare set. It won't get past tribunal.

    You can charge insurance for changing locks if you have a baliff eviction notice only.
     
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  8. giraffez

    giraffez Well-Known Member

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    Agent didn't keep a set. :(
     
  9. Xenia

    Xenia Well-Known Member

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    They did not have an agent set?
    How did they do routine inspections?

    Where do you find these people.

    If I was the agent I would wear the cost of a locksmith. They should have copied the keys and given the copied set to the tenant.

    Ok so you need a locksmith but can't charge it to tenants. Tribunal will not see this as tenants fault

    You can charge them for each key they did not return though so a small cost can be recouped.
     
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  10. wylie

    wylie Moderator Staff Member

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    I'd be claiming things from the bond and let the tenants decide whether they want to argue the case or take you to the tribunal. It is money you need to spend whether the tenant pays for it from the bond or not.

    They might be prepared to just suck it up and move on. If not, they can have the expense of taking you to the tribunal. I'd get the bond paperwork in before they do.
     
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  11. skater

    skater Well-Known Member

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    Two good replies from @Xenia & @wylie, but do yourself a HUGE favour & get a new PM.
     
  12. Xenia

    Xenia Well-Known Member

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    Yes absolutely
    But locksmith won't go through if it gets challenged.

    Easier if they just suck it up. ;)
     
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  13. wylie

    wylie Moderator Staff Member

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    Agree. But if they don't challenge, great. If they do, it was something that had to be done anyway. And I'd also be hitting the agent who didn't bother ensuring they had a set of keys if the bond claim is rejected over the locksmith fee.
     
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  14. Tanya1335

    Tanya1335 Well-Known Member

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    If the agent hires a cleaner, etc and decides to take payment from bond, you must give the tenant the opportunity first to return and complete the work to mitigate the tenants losses otherwise if the tenant fights the claim and goes to QCAT you will loose
     
  15. Xenia

    Xenia Well-Known Member

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    I have tested this at tribunal.
    I argued that once the tenant hands over a property and stops paying rent, an agent is under no obligation to give them another chance to clean. They have an ongoing inspection report and a detailed end of lease procedure of what we require. If they did not clean throughouly enough that's not the fault of the agent or landlord and we are not obigated to give them an opportunity to go back and redo it again. Waste of time!!!
    I won the case.

    Therefore in SA, once an agent takes posession of a property, they have the right to have it cleaned to a standard of ingoing inspection and fix any damage that the tenant has caused and not fixed... and charge it to the tenant.
     
  16. Tanya1335

    Tanya1335 Well-Known Member

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    This was my opinion as I had been sussessful on one occasion already. That's the problem with QCAT it depends how it is viewed on the day, I argued the same and lost the case, the ruling (and it is in the QLD legislation, agent is responsible to mitigate tenants losses) you must give the tenants the opportunity to return and re clean anything missed. Interestingly, I used the president of the previous win the tenant gave a sob story and won.
     
  17. Xenia

    Xenia Well-Known Member

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    Damn
    A bit of a crazy system.
    Glad I got it through in SA, but as you said Tanya it may not be every single time. There will be times where agents are seen as being unfair by taking action straight away and not giving the tenant an opportunity to go back and waste everyone's time by doing what should have been finished already.
     
  18. Tanya1335

    Tanya1335 Well-Known Member

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    Yeah certainly agree, giving them a second opportunity to to get it right wastes everyone time and costs the owner through loss of rent days
     
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  19. giraffez

    giraffez Well-Known Member

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    I have since sacked that agent unfortunately not quickly enough. They did a terrible job And now it's all starting to surface. Ingoing report is very very sloppy. I'm wearing a lot of the expense at the moment.
     
  20. Scaphella

    Scaphella Well-Known Member

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    Oh how I wish i just had cobwebs to deal with. Instead my tenant has gone with no notice and left me with two squatters. If only there was a name and shame site to stop this filthy druggie from entering another property inbetween the PM blacklisting him.
     

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