Join Australia's most dynamic and respected property investment community

VCAT Help -Unsatisfactory Property Maintenances

Discussion in 'Legal Issues' started by MelbInvester, 20th Apr, 2016.

  1. MelbInvester

    MelbInvester Active Member

    Joined:
    25th Jun, 2015
    Posts:
    40
    Location:
    Melbourne
    HI All,

    I have signed a property maintenance agreement with Barry Plant real Estate to look after one of my property . I have paid for your professional services throughout last 12 months but unfortunately I have been left with utter dismay. I have received only 1 Inspections statements during last 12months. I have made a request in writing on 7th October 2015 to increase the rental fee when lease agreement is due for renewal also try to contact the agent to see whats going on but no communications.


    Then i gave to another Agent to looks after and found lots of damadge done to the property and need to fix these.

    So i send the emails to Barry Plant and but they never replied so what should i do now?

    MI
     
  2. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

    Joined:
    18th Jun, 2015
    Posts:
    2,358
    Location:
    Sydney
    Ask them why they didnt reply ? Call the licensee not the rental team.

    Changing agents without terminating the prior agent agreement may be a concern.
     
  3. MelbInvester

    MelbInvester Active Member

    Joined:
    25th Jun, 2015
    Posts:
    40
    Location:
    Melbourne
    NO new Agent did the correct procedure to change the property.

    With regarding the email, i got the email read notification. i'll contact them today.

    i have found that the PM was resign in May 2015 but send me a Property Report sign in Sep 2015. ( After i request)
    but its says tenants were not home during the inspection, i just checked with tenants and they emailed and confirmed only one inspection done.

    Now who is responsible for those repairs?
    MI
     
  4. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,342
    Location:
    4/136 The Parade Norwood, South Australia
    Tenants do not need to be home for routine inspections, they are done regardless.
    How many did they agree to do Melb Investor?

    For maintenance
    what do you mean you signed and paid for a maintenance agreement?
    Does that mean you paid the first property managers to do the work and they did not? I have never heard of maintenance being paid upfront, it usually gets done, inspected then invoiced and paid.

    Just need to clarify above before I can advise you further.
     
    Propertunity likes this.
  5. MelbInvester

    MelbInvester Active Member

    Joined:
    25th Jun, 2015
    Posts:
    40
    Location:
    Melbourne
    I thought Agent need to informed the tenant before 24hrs if not it is illegal entry- check landlord or agents right to enter the property link in Consumer Affair.

    First one in 3 months then every 6 months -

    I mean the agreement to looks after my property
     
  6. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,342
    Location:
    4/136 The Parade Norwood, South Australia
    Yes letter is sent out to the tenant informing them of the date/time of the inspection but tenants are not obligated to be home. Agents can use office keys to get in and do the inspection.
    one in 3 months then every 6 months - so you should have 2 inspections within a 12 month period.

    did you pay them to do maintenance?
     
  7. MelbInvester

    MelbInvester Active Member

    Joined:
    25th Jun, 2015
    Posts:
    40
    Location:
    Melbourne
    No they didn't informed and forged Inspection report was send to me...

    did you pay them to do maintenance? NO only for management fee... 6%
     
  8. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,569
    Location:
    Adelaide, SA
    How do you know this? And did you report to fair trading?
     
  9. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,342
    Location:
    4/136 The Parade Norwood, South Australia
    what kind of maintenance was missed?

    I guess what I'm trying to establish is if they are at fault for missing something major that results in financial or other loss - then you have a case.

    Ie - tenants reported termite damage and the agent did nothing, then they are liable for any damage from a "reasonable time" after it had been reported - negligence.
    Tenants reported faulty electrical fittings and they did nothing resulting in tenant compensation - agent is negligent and liable to pay compensation claims awarded to tenant back to the landlord.

    If there was no financial loss, move on. Get your new agent to arrange for all maintenance to be done asap

    It's best not to dwell on things gone wrong and just push forward so that things are done correctly for your investment property.
     
  10. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    1,383
    Location:
    Melbourne
    No real estate agent will take any responsibility for their lack of actions.

    Theyll probably just apologise or blame someone else.

    This is not legal advice. Just practical advice
     
  11. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,569
    Location:
    Adelaide, SA
    And you know this based on the select few willing to take you on?
     
  12. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    1,383
    Location:
    Melbourne
    Been doing this for years. Have yet to come across one in ANY state.

    Im not a betting man but 0 out of say 50 is pretty good odds.

    Tell me. If you forgot/lost/or did an unsatisfactory ingoing inspection report and when the tenant left the house unsatisfsctory and you had no legal leg to stand on for claiming the bond would you compensate 100% for the owner?
     
  13. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,569
    Location:
    Adelaide, SA
    It wouldn't happen to begin with.
    But for the sake of hypothetical, yes. Would do my best to submit everything that was available to maximise the insurance and bond claims and contribute any shortfall that was caused by me.
     
  14. MelbInvester

    MelbInvester Active Member

    Joined:
    25th Jun, 2015
    Posts:
    40
    Location:
    Melbourne
    Hi All,

    Thanks for the advice..

    Situation: tenants reported water leaks and damaging the carpets and the agent did nothing...

    Change these carpets is big cost...

    MI