QLD Who do you complain to when a property manager doesn't do their job?

I am involved in a strata situation where the onsite manager is not doing their job with entry/exit reports and not doing regular inspections. This has resulted in a situation where the insurance would not pay out for a trashed room because the owner couldn't provide an entry condition report because the onsite manager didn't do one.

 

Claim against the landlords [contents] insurance or the strata's building insurance out of interest?

In answer to your question, the OFT issues the licensing for Real Estate Agents in Qld and fields complaints. Doing a job poorly but not committing an offence is a tough position to be on the receiving end as a client.

 

The claim was for Landlords contents. The insurance claim was rejected due to not showing a condition report when the tenant moved in.

I think the property manager has committed an offence, 5 Section 65 of the Residential Tenancies & Rooming Accommodation Act (RTRA Act) requires the Lessor/agent/property manager to complete and sign the Entry Condition Report and provide a copy to the tenant no later than the date of occupancy.

 

Entry condition report | Residential Tenancies Authority

Step 1: Property managers/owners must prepare the report
The property manager/owner must prepare, sign and give a copy of the report to the tenant at the start of the tenancy; it is an offence not to do so.

In the report, the property manager/owner will indicate if each item on the list is clean, undamaged and working.

 

it is an offence not to do so.
Exactly, so who polices this, the OFT?

 

i'd call RTA and ask

 

I did speak to them and they weren't interested. In fact I called the REIQ first, they weren't interested but they put me through to the RTA, they must have a tied line.

 

The RTA is who you need to contact (I see above you have already) maybe fill in the form via the attached link.
How to request an investigation | Residential Tenancies Authority

If you have no luck then go to the Ombudsman - You have a real estate, rental property or body corporate complaint... - Queensland Ombudsman

 

He may not have a RE Licence - go to Fair Trading [or Qld equivalent] and look to see if he is registered. He is possibly just a site manager and looks after the parking, cleaning of common areas etc. If he doesn't have a Licence he cannot do what a PM normally does, inspections etc.

 

Reliance on a onsite manager, friend or other person who is not a licensed real estate agent is not compliant with the tenancy requirements in state law. This obligation if you dont have a contracted tennacy manager under real estate licensing laws then actually falls on YOU as the owner to comply. You didnt.
A person cannot represent themself as a REAL ESTATE AGENT but a person can assist you if you agree. The nature of what the "onsite manager" is and who they work for (not you I suspect) is something to explore. The key test is the probably arent charging you a management fee either.

The issue is of your own making. Same occurs with anyone who self manages.

Is there a written lease ?
Is there a bond ?
No entry / exit condition reports
Who do tenants report to when there is a defect or issue ?
Unless all the above are addressed your LL policy may not provide cover. If the occupant arent :leasing" the policy could be dead useless. Most LL policies refer to tenacies and leases. Unlike say a nightly rate managed by a onsite manager which could be a mere license to occupy. Not covered by many LL policies eg Airbnb isnt.

 

"Lessor/Agent" and "Tenant", essentially 2 parties to a lease. The Agent works for the Lessor, whilst the Agent may be responsible, the Lessor is accountable, in the same way your tax accountant does your tax return, but you are accountable to the tax office. It's probably unwise to to go after your property manager through the RTA/OFT like this on a matter that could get you in trouble as well. If your property manager has not done their job well, the job you're paying them for, focus on compensation back from them on fees you've paid which should be a simple conversation along the lines of, I've paid you to do 'x' and you've not done, and this has also cost me 'y', and of course, look for a more competent property manager.

 

I'd go to a lawyer that deals in this kind of work. If a property manager agreement was made someone has a certain duty of care to mitigate losses and disclose problems. If the site manager is just a caretaker working out of their depths with leases then things could get real nasty.

 

The site manager does actually have a license. I think it should be revoked.