So getting rather frustrated, 11 months into a 12 month tenancy (being a tenant for the first time). I am shocked and appalled at the treatment of the tenants from the two property managers this agency employs (not knowing the basics of the RTA is highly unprofessional).
To name SOME of the breaches:
- inclusion of several illegal clauses of the TA
- seeking rent when it is not due (earlier than due date, for period when they were not managers or the owner owned the property) - even sending out over due notices
- trying to charge and demand the payment for fixed charges (water rates) - basically every 3 months, then sending reminder of overdue amounts when I deduct the fixed water charge
- failing to comply with serving periods/inspection notices (every single time!)
- backdating correspondence (and claiming it was a typo when caught!)
- lying about leaving letters in the letterbox then backtracking to say they posted them when advised the video footage proves no letter was left in the letterbox
- bringing valuer/selling agent to what was meant to be a periodic inspection without prior notification etc.
- retaliatory notices
- failure to do some maintenance
I have not filed to TT as I felt sorry for the owner as ultimately any damages/exemplary damages would be coming out of their pocket. However, given this is a professional agency and we point out to them each and every single time that they are in breach of section x, y and z, they refuse to comply with the RTA quoting their '20 years of experience'. So far (until now) I have not refused the entry but this time I did. I told them no, got something else on and please issue a notice that complies with the RTA. Only because the agent was claiming her experience meant she could do what she was doing while ignoring the fact her notice didn't comply with the RTA. I will now file to the TT as the owner confirmed that she was also an experienced investor and was not interested in hearing about the agents breaches.
So where does one go where they don't want the owner to be responsible (I don't believe the owner should pay for agents failures) but would like to ensure that other investors don't end up paying for 'professional' services when clearly this bunch is far from professional. I have kept all of their letters where they claimed they didn't know this or that - the RTA isn't that difficult! I am in a very fortunate position where we will not rent again (this was to cover the building period) but I am feeling rather concerned for all those tenants out there that don't know their rights or are too worried to make a complaint (shortage of rentals, retaliatory notices etc).
I would like to openly name and shame this outfit and the agents involved. Clearly, as they claimed they didn't know that the tenants are not liable for the fixed water charges there are many people out there they have incorrectly charged over their '20 years of experience in the business'. Yes the branch manager was informed.
As an investor, would you be happy to hire/be paying to an agency that does this? Would you appreciate a tenant bringing their failures to your attention?
Where would you go to ensure this agency doesn't continue with their practices and that they ensure their managers know the RTA?
To name SOME of the breaches:
- inclusion of several illegal clauses of the TA
- seeking rent when it is not due (earlier than due date, for period when they were not managers or the owner owned the property) - even sending out over due notices
- trying to charge and demand the payment for fixed charges (water rates) - basically every 3 months, then sending reminder of overdue amounts when I deduct the fixed water charge
- failing to comply with serving periods/inspection notices (every single time!)
- backdating correspondence (and claiming it was a typo when caught!)
- lying about leaving letters in the letterbox then backtracking to say they posted them when advised the video footage proves no letter was left in the letterbox
- bringing valuer/selling agent to what was meant to be a periodic inspection without prior notification etc.
- retaliatory notices
- failure to do some maintenance
I have not filed to TT as I felt sorry for the owner as ultimately any damages/exemplary damages would be coming out of their pocket. However, given this is a professional agency and we point out to them each and every single time that they are in breach of section x, y and z, they refuse to comply with the RTA quoting their '20 years of experience'. So far (until now) I have not refused the entry but this time I did. I told them no, got something else on and please issue a notice that complies with the RTA. Only because the agent was claiming her experience meant she could do what she was doing while ignoring the fact her notice didn't comply with the RTA. I will now file to the TT as the owner confirmed that she was also an experienced investor and was not interested in hearing about the agents breaches.
So where does one go where they don't want the owner to be responsible (I don't believe the owner should pay for agents failures) but would like to ensure that other investors don't end up paying for 'professional' services when clearly this bunch is far from professional. I have kept all of their letters where they claimed they didn't know this or that - the RTA isn't that difficult! I am in a very fortunate position where we will not rent again (this was to cover the building period) but I am feeling rather concerned for all those tenants out there that don't know their rights or are too worried to make a complaint (shortage of rentals, retaliatory notices etc).
I would like to openly name and shame this outfit and the agents involved. Clearly, as they claimed they didn't know that the tenants are not liable for the fixed water charges there are many people out there they have incorrectly charged over their '20 years of experience in the business'. Yes the branch manager was informed.
As an investor, would you be happy to hire/be paying to an agency that does this? Would you appreciate a tenant bringing their failures to your attention?
Where would you go to ensure this agency doesn't continue with their practices and that they ensure their managers know the RTA?
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