NSW Water Usage not paid for over 1 year

Discussion in 'Property Management' started by TMNT, 18th Mar, 2019.

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If PM doesnt inform landlord of water arrears for over 1 year, who is responsible

  1. Landlord for not doing the PMs job

    1 vote(s)
    12.5%

  2. Property manager: but good luck getting them to reimburse/fix the issue

    4 vote(s)
    50.0%

  3. Property Manager: and you have a strong legal case

    3 vote(s)
    37.5%
  1. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    ok, so no doubt im going to cop some flak from the regular defenders, so here it goes,
    hit me up,

    TLDR
    tenant pays rent on time, however hasnt paid for water for 1 year, recently I was made aware of this for the first time a month or two ago, threats of eviction, warnings have been ignored,
    I as a landlord have been giving them agent the water invoices like clockwork (one of the reasons why i prefer to pay the invoices so im a bit more active in the management

    agents excuses:
    - oh there isnt much point giving breach notices for water since tribunal never evicts on water
    - we dont do anything without permission of the landlord

    my take: thats what I pay a PM for, to be on top of it, be aware of any arrears. and contact me to ask if I want to issue breaches and to inform me of it. Im expecting the agency to reimburse me for water usages. Pitiful excuse of "we dont do anything without permission of the landlord"

    agency is a mid sized franchise , and I am willing to take it further if they dont oblige.
    And yes I am annoyed
     
    TMNT, 18th Mar, 2019
    #1
  2. Michael Mitchell

    Michael Mitchell Property Manager Business Member

    Joined:
    17th Sep, 2018
    Posts:
    1,384
    Location:
    Brisbane (Nundah)
    What state is the property and Agent in?
     
    Michael Mitchell, 18th Mar, 2019
    #2
  3. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,473
    Location:
    Sydney
    What else dont they bother with ? Inspections ? Checking applications ?
     
    Paul@PAS, 18th Mar, 2019
    #3
    dabbler likes this.
  4. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,157
    Location:
    03 9877 3000
    The real question is the tenants water usage addressed to you? Passing it onto the tenant via a clause in the lease might give you a contractual argument, but it's probably unenforceable.

    If the property is in QLD and you don't have that compliance certificate, then you probably need to either get compliant and get the bills in the tenants name, or pay the bills and build it into the rent in the future.
     
    Peter_Tersteeg, 18th Mar, 2019
    #4
  5. Ted Varrick

    Ted Varrick Well-Known Member

    Joined:
    21st Jun, 2015
    Posts:
    1,941
    Location:
    No Mans Land
    What does it say in your management agreement?
     
    Ted Varrick, 23rd Mar, 2019
    #5