Header Ad Module

Collapse

Announcement

Collapse
No announcement yet.

Touchy Rental Management situation; thoughts / advice sought

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

  • Touchy Rental Management situation; thoughts / advice sought

    Hi PTers,

    I have a touchy situation and I'd like some thoughts from some of the more experienced investors here.

    We have a house that's been trashed by the tenants... I mean REALLY run into the ground. Insurance is declining the claims on the basis that it was "progressive damage" and anything over the cost of the excess happened sufficiently instantaneously as to be an emergency event. They keep saying that our RM should have been onto this and seen the problems coming and prevented them.

    Here's where it gets tricky. Our current PM is very good, very onto it. His boss is not responding to our concerns, however, that RM should have alerted us earlier that there were issues. Our property is in a provincial market... not too many RMs around to choose from, and the others are of unknown quality.

    The problem started when the tenants were placed by a previous RM who has since left the company. He placed the tenants and we would get the occasional an email from him saying everything looks fine. This RM quit the company over a year later, and a new person took over. New RM is doing a great job and helping us repair/replace everything that was broken and/or missing, BUT he's also discovered the property was completely run-down when he took it over, and thus never said anything about it being bad; assuming that's just how it always was. On one hand, we have the insurance company denying us on the claim because RM should have (and could have) evicted the tenants and averted much of the problem. There were also many lease violations that were not enforced.

    The other side of the coin is that the person who placed those tenants has since left the company. The RM company is a branch of a major Real Estate franchise in NZ.

    This is a 5-figure repair bill we're looking at... nothing small. We feel that there has been a huge failure of the property management, but not the current person in the role - we feel it was the previous person who was letting it slide.

    We live a solid 6-7 hour drive from the property, so managing it ourselves isn't an option, and we rely on this RM company, or others like them, but I worry about not getting the same level of quality and dedication from another manager.

    Any thoughts on how to proceed or resolve this?

    We would like the RM company to offer to pay for a lot of the preventable repairs that most likely wouldn't have happened the house was looked after better the whole time -- again it was the 1st RM *person* not the current one, who caused the problems, and she's since walked away.

    I'm not keen to burn bridges with the managers with a big fight, because the new guy is really good and this should all fall on the shoulders of a former employee, not him. We figure the RM company should pay a significant amount of the damage bill due to their failure to report the excessive wear and tear on the house leading to damage being allowed to continue and expand the problems and costs.

    We are not sure where the old RM is now, or how to contact him.


    Thank you for your thoughts.

  • #2
    Put aside your personal feelings about how good the current guy is. Your right - your beef isn't with him. It's with the COMPANY. Him and more importantly, the previous moron, are employed by the company and represent the company. The company screwed up and you should be compensated.

    Good luck with THAT though. I'm guessing a long, drawn-out, expensive legal process.

    In the end, it may be healthier to suck the sav, pay up and put it down to experience. Keep the new guy on if he's as good as you say (at least 3 times), but I'd make it clear to the boss of said company that you're pissed off and they are on notice. Personally no matter how good the new guy is, I'd not want to give any more money to that crowd.

    I had a similar situation to yours. I paid up.

    Comment


    • #3
      You don't say whether the tenants are gone or not? I assume they are no longer around to chase and that's why you're going after the PM's???

      Comment


      • #4
        Hi, Key thing here is that your issue is with the property mangement company, it is irrelevant who the actual property manager is or was.

        Your comment about the current property manager not knowing it was so run down by the tenants, is a bit soft. The property management company has continued, so the new property manager should have been able to see the old property inspections etc, and seen that there is an issue.

        How long has the new property manager been there for? They should have been providing you with regular inspections, so this should have been picked up within a few months of the new PM starting.

        I would put together before and after photos, plus an estimate of the cost, and approach your property management company that the decline in state of the property is unacceptable, and what are they offering to fix it?

        I doubt that you can chase the old property manager, as they are just an employee and the property management company is liable.

        Ross
        Book a free chat here
        Ross Barnett - Property Accountant

        Comment


        • #5
          I guess the person who is it fault here is the property management company and I would also say the previous property manager as well.

          The duty of the property management company is to place someone in charge of making sure rent is paid and that your investment property is well looked after and protected.

          The first manager at the first sign of damage or trouble should of made contact with you and made their superior in the company aware of this. It's evidently obvious due to the fact that the first property quit that either the property management company isn't good to work for or simply that the first property manager was incompetent in managing your property.

          However, when your new manager took this property over and saw the damage in the property he/she should of mentioned it to their superior within the property management company or spoken to you. I think even if I was property manager if I saw one of my properties was in a bad state that I would at least check its history of inspections (there should be a record) or mention it to my manager, but maybe that's just me.

          I guess you have two options here:

          Option #1: Provide photograph evidence of the damage and provide copies of your previous inspections from your property manager/s while the tenants were occupying the property, along with prices of repair and rubbish removal. Approach the property management company and ask them to cover it, try and come to an agreement of some sort. But this does risk you burning bridges with the company and possibly having to find a new management company

          Option #2: Simply pay for repairs yourself. Speak to your property manager and request that regular contact is made and at the first sign of trouble or damage that you are alerted.

          Not the best of options but I think if you choose the first option speak to a couple of the other managers in the area, you're bound to find someone. With the second option, yeah it might cost you, but you do get to keep the property manager that you like.

          Comment


          • #6
            Has anyone in this experience gone through the disputes tribunal? This could be an option for you but I don't know the procedure.
            =:Rebecca

            Comment


            • #7
              Only problems with going through the disputes tribunal is that this will probably burn the bridges with property manager. Which the original poster has said they don't want. Personally I think disputes tribunal is the only way to go

              Comment


              • #8
                What to say this doesn't happen again with the same company?

                Approach the rental company as Rosco stated and then if they don't come to the party - Stuff.co.nz is running a series of articals on rentals Im sure they would love a story like this: http://www.stuff.co.nz/stuff-nation/...roperty-ladder maybe drop that into the conversation.

                Comment


                • #9
                  Again that's going to "burn bridges with the property management company"

                  Comment


                  • #10
                    Yes but if its happened once and they are not going to fix it this time I would be burning bridges.

                    Comment


                    • #11
                      I agree with the posts by Rosco and TD91.

                      I rather doubt it would necessarily burn bridges. Presumably the property management company has it's own insurance to cover this sort of claim. Professional indemnity insurance is very expensive, so they may not have it, but as a national chain I would expect they do.

                      Given it would be an insurance payout by the company, you have every chance of making a claim calmly and without getting personal, and maintaining a good relationship.

                      Disputes Tribunal might be the way to go. You said it is a five figure claim...the Disputes Tribunal is limited to $15k (up to $20k if both sides agree). More than that would be via the District Court, which would need a lawyers help.

                      The other option is not accepting what the insurance company has decreed. I presume you have had a hard look at your insurance policy and the nature of the damage, and gotten some professional advice. Just because your insurers have shoehorned everything into a convenient loophole doesn't mean they're right. They could just as easily be the subject of a Disputes Tribunal claim (assuming there is room for argument under the policy).

                      Comment


                      • #12
                        I agree on that, only reason I posted my above comment was because in the original post it says they don't want to burn bridges with the property management company.

                        I personally think the only option is to dispute it and get the current management company to pay for it.

                        Comment


                        • #13
                          ummmm Hello!?

                          Comment


                          • #14
                            Are you feeling unloved TLL?

                            Comment


                            • #15
                              There are sometimes clauses in Insurance contracts that cover professional advice - we have been acting for a number of clients under these clauses majority in regards to ChCh.

                              Some info here: http://www.prendos.co.nz/wp-content/...les.pdf#page=5

                              Comment

                              Working...
                              X