Browse Forums General Discussion Re: What can we do about our property managers? 8Nov 11, 2008 4:08 pm - Contributor to Australian Property Investor mag, Wealth Creator, YIP, Property Review Weekly, Herald Sun, Courier Mail, 4BC radio, 2UE radio, Southern FM, etc http://www.RenovateAndProfit.com Re: What can we do about our property managers? 11Jun 21, 2009 6:10 pm My work colleague is going through the same situation - they were on a fixed 2 year lease, and moved out at 17 months, after purchasing their dream property. They still have 7 months left, and the landlord is being difficult. They have to pay every months rent, until a replacement tenant is found. They are also billed advertising costs by the agent. The agent is making no effort to advertise, and in their own internal 'property fact sheet' given to prospective tenants, they have even put the rent up 20% - almost guaranteeing nobody will rent it. The agent doesn't give a rats, because the rent is still being paid. They tried the hardship route, but the agent, who happens to have a brother who runs a hotshot law firm, won out. So based on what you've said above, and what my colleague has experienced, I'd hold them to the date in the agreement. If they want to leave early, they need to pay the rent up until the end of the lease date, or pay reasonable costs towards finding another tenant, and if no tenant is found prior to the lease ending, they still need to pay. That's effectively how it is in NSW - not sure if these rules apply to other states. Re: What can we do about our property managers? 12Jun 21, 2009 6:35 pm I was in a similar situation, I leased a place on a 12 month contract, then was retrenched from work and had to move to a cheaper place. . . the realestate agents said that was fine, but that I'd had to keep paying the rent until they re-rented. . . they advertised, had open houses and had somebody move in the week after I moved out. I suppose that not all realestate agents are built the same. Re: What can we do about our property managers? 13Jun 22, 2009 12:34 am commodorenut They have to pay every months rent, until a replacement tenant is found. They are also billed advertising costs by the agent. The agent is making no effort to advertise, and in their own internal 'property fact sheet' given to prospective tenants, they have even put the rent up 20% - almost guaranteeing nobody will rent it. The agent doesn't give a rats, because the rent is still being paid. They tried the hardship route, but the agent, who happens to have a brother who runs a hotshot law firm, won out That's effectively how it is in NSW - not sure if these rules apply to other states. Hey commo'nut The laws are different here in W.A. The small claims court, tenancy tribinuls (sic) here dont allow the parties to have legal representation. All parties represent themselves. This is both good and bad depending on the individuals situation. The hardship laws here are for the owner usually. And not much chop anyway. your mate can do his own advertising and get someone else to move in. effectively a sublease but that is fraught with it's own dangers. Just a thought and please let me be clear on this , this is NOT legal advice ok !!! I am putting myself in your mates position. THIS IS A HYPOTHETICAL. If I am already living somewhere else already and still having to pay the rent on the old place, I would be tempted to with hold the rent from the agent but deposit into another bank account each week, fortnight or month or however I gets paid. This then puts pressure on the agent to explain to the owner why there is no rent money coming in. I just have to stick to my guns and keep telling the agent that the rent will be paid in full at the expiry of the lease. Be prepared for an irate agent tho. Document everything and record calls if possible. Chances are that eventually I will get a summons to goto court, expect this. Keep maintaining the agent is not doing enuff to re-lease the place. Show proof of rent being deposited in account. Expect court order to pay outstanding rent. It's in the bank account isnt it? Ignore court order as thousands of people do every day. Chances are that place will have new tennant before expiry of lease. (7 months away?) Pay rent that is owing to the new lease date (should be before old lease expiry cos owner will be screaming at the agent for his money ) or pay outstanding rent at expiry of old lease, whichever comes first. This way it's gotta work out cheaper in the long run and it pisses off smartarse agent on the way thru. All I gotta do is not get intimidated by nasty agent and fancy lawyer boy brother. Anyway thats my hypothetical scenario of how I would be tempted to handle it. Cheers Roger ps I am in HBF just in case You might be able to apply to divert the sewer at your expense. In NSW you would contact a Water services co-ordinator and they would give you advice as to whether or not… 1 16146 Ask for some kickplate to be added and also for tradies to be requested to use lanyards on tools on that side of the building. Be respectful and have the discussion… 1 1690 The setback from the kerb is 4m. It is council land to provide an area for services like sewer main, gas mains, water mains, underground power or poles for overhead power,… 4 2395 |