Who is liable to pay if previous owner did not cancel services like landscaping

Discussion in 'Property Management' started by aussieB, 21st Jun, 2017.

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  1. aussieB

    aussieB Well-Known Member

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    Title says it all. I am looking to know who is liable to pay if the previous owner did not cancel services like landscaping/pool maintenance/cleaners.

    Say the cleaners cleaned the yard after the property was sold - will the new owner be liable to pay at all ? The new owner has no knowledge of such services the previous owner signed up for.
     
    aussieB, 21st Jun, 2017
    #1
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    I'd say old owner, they organised them.

    Its up to the trades people to make an arrangement for frequency and costs with new owner if they'd like to continue working there.
     
    D.T., 21st Jun, 2017
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Write to the companies doing the work, include their unpaid invoices and advise that you are the new owner & haven't arranged the work. Give them the forwarding address of the previous owner.
     
    Scott No Mates, 21st Jun, 2017
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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Under contract law, the person that hired them - previous owner.

    Under the laws of equity - you could be liable as you gained the benefit.
     
    Terry_w, 21st Jun, 2017
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  5. aussieB

    aussieB Well-Known Member

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    Good to know. Thanks for replying everyone.
     
    aussieB, 21st Jun, 2017
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  6. MyPropertyPro

    MyPropertyPro REBAA Buyer's Agents Sutherland Shire & Surrounds Business Member

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    This is also an important point with respect to trades in general. The PM doesn't engage the trade, the owner does and the contract is between the owner and the trade - the PM essentially brokers the deal under authority of the owner. When disputes arise, whilst the PM can assist, it is still a dispute between the owner and the trade.
     
    MyPropertyPro, 22nd Jun, 2017
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  7. Otie

    Otie Well-Known Member

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    I would say previous owner- they never had a contract with you, why should you pay for something you never asked for, never agreed to. What if your paying $1000 for a $100 job because previous owner was paying that shouldn't mean you have to pay what they were happy paying, without a contract with you I fail to see how your liable.
    If anything I would be saying that you never agreed to the works (unless you did). I wouldn't want any trades working on my property without a contract between them and me.
     
    Otie, 22nd Jun, 2017
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  8. bunkai

    bunkai Well-Known Member

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    Previous owner though if the work has to be done and was value for money. I would think about taking it on the chin and reviewing future commitments directly.

    That being said, I inherited a garden cleanup contractor who charged $400 per hour for two blokes to blow/sweep for 45 mins. Turned out they were subcontracted by a company owned by another lot owners parents. (Strata)
     
    bunkai, 23rd Jun, 2017
    #8