VCAT Help -Unsatisfactory Property Maintenances

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

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  1. MelbInvester

    MelbInvester Well-Known Member

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    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@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    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 Well-Known Member

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    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 Well-Known Member

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    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 Well-Known Member

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    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 Well-Known Member

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    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 Well-Known Member

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    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. Specialist Property Manager Business Member

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    How do you know this? And did you report to fair trading?
     
  9. Xenia

    Xenia Well-Known Member

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    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

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    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. Specialist Property Manager Business Member

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    And you know this based on the select few willing to take you on?
     
  12. TMNT

    TMNT Well-Known Member

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    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. Specialist Property Manager Business Member

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    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 Well-Known Member

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    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