Header Ad Module

Collapse

Announcement

Collapse
No announcement yet.

Break in, flooding, tenants and bad property manager

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Break in, flooding, tenants and bad property manager

    Hi guys, would like to seek your advice on the below situation:
    • bought a rental property in Aug
    • previous tenant left 3 weeks ago after we decided to increase rents and tenancy agreement broken with too many occupants in the house.
    • had a property inspection and property manager ("PM") picked up certain stuff like holes in the wall and rubbish left in the premises in the report but said it was typical and not unusual.
    • I took the view (after legal consultation) that the PM was too lenient and produced a previous property manager report showing that the tenants were basically lying about the damage/rubbish. Gave explicit instructions to the PM to withhold the bond and take the tenants to the Tribunal. PM was reluctant but when confronted with the evidence and after some lengthy emails, she said OK and will lodge a claim with the Tribunal.
    • arranged for a paint job through the PM to be done (in which she earned her commissions); took more than 10 days despite the initial estimate. Property now has been empty for 3 weeks over a simple paint job of a small unit.
    • property was then advertised and we had a tenant lined up and ready to go.
    • found out today from the PM that the house was broken in, windows smashed and entire place flooded. Told the PM that a lot of this would have been avoided if she, as property manager and project manager, pushed the painter to work faster and kept to initial timeline. PM then claimed I was unreasonable (citing that she thought my proposed claims against the tenants were unreasonable) and terminated the agreement immediately (and said she will not be doing anything further).
    • found out from MBIE/Tenancy Tribunal that there is no longer a bond held against the property; the PM had a few days ago (but MBIE refused to say when exactly) applied to release the bond (but to whom I have no idea) against my explicit instructions. Also found out that the previous tenant has moved into another property managed by the PM so I suspect that the bond has been transferred by the PM to the other property.
    • we can all quite clearly guess who the suspect is in this case given the type/state of damage and that nothing was stolen from the property. Pure vindictiveness.


    Any thoughts on the above, especially with respect to the PM and the previous tenant? Have already gotten a replacement PM and moving through the insurance process.

    I will share the name of the PM at a later stage. Avoid the PM at all costs unless you want a dose of incompetency, dishonesty and a lot of monetary losses.

  • #2
    Take the PM to court if you can prove that you explicitly instructed her to withhold the bond.


    Also talk to the tenancy hotline and ask them if you can still go to the tribunal even though the bond was released.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

    Comment


    • #3
      You can still go to the tribunal. You need to do this within 2 months of the end of the tenancy in most cases.

      www.3888444.co.nz
      Facebook Page

      Comment


      • #4
        There are several issues outlined here:

        1 - Damage to the property - while the likelihood of damage to your property would have been reduced had the renovation been completed earlier and the property re-tenanted it is impossible for your to prove that the break in would not have occurred once the property was re-tenanted so while i understand your frustration from an outsiders POV you have no case against the PM here.

        This is why you have your insurance - use your insurance to pay for the repairs

        2 - Poor quality PM - sounds to me like the PM is more comfortable convincing you the tenants treatment of the property is NORMAL than to have a hard conversation with the tenant - learn from this and as Keys says go to Tribunal yourself to recover costs.

        3 - Questionable business practices - from your statement it seems the PM was not acting in your best interests - as Sidinz says - if you have proof pursue the PM... a legal letter demanding the agency pay for any real costs you incurred as a result of this issue may be all it takes but if worth your while you can take the matter to court.

        This is all part and parcel of the business of being a landlord... learn from the issues/mistakes and ensure you don't make them again.


        Out of interest, what location is this property in?

        Comment


        • #5
          Originally posted by Don't believe the Hype View Post
          There are several issues outlined here:

          1 - Damage to the property - while the likelihood of damage to your property would have been reduced had the renovation been completed earlier and the property re-tenanted it is impossible for your to prove that the break in would not have occurred once the property was re-tenanted so while i understand your frustration from an outsiders POV you have no case against the PM here.

          This is why you have your insurance - use your insurance to pay for the repairs

          2 - Poor quality PM - sounds to me like the PM is more comfortable convincing you the tenants treatment of the property is NORMAL than to have a hard conversation with the tenant - learn from this and as Keys says go to Tribunal yourself to recover costs.

          3 - Questionable business practices - from your statement it seems the PM was not acting in your best interests - as Sidinz says - if you have proof pursue the PM... a legal letter demanding the agency pay for any real costs you incurred as a result of this issue may be all it takes but if worth your while you can take the matter to court.

          This is all part and parcel of the business of being a landlord... learn from the issues/mistakes and ensure you don't make them again.


          Out of interest, what location is this property in?
          Thanks for your reply.

          1. I think it's a pretty good case actually. 10 days for Internal painting of a 2 bedroom property is atrociously long. The PM was also the project manager and took a lackadaisical attitude towards completion of the project. The PM was well aware of a risk of break-in but took no steps to accelerate the painting.

          2. Of course, and in fact she, despite evidence to the contrary supplied by us and my explicit instructions, took steps to retrieve the bond (and I can only guess apply it towards the tenant's new property which she managed).

          3. Same as two. Will probably do that.

          I am frankly not sure what other stuff I could have done; the property manager came with references.

          Rotorua.

          Comment


          • #6
            If the PM is a member of any professional body, then lodge a complaint with them ?

            If not, then do better due diligence next time ? (as well as lodging a claim with Disputes Tribunal this time)

            Comment

            Working...
            X