Ray White Apartment Rentals - Appalling

[snobilo]

Hello all - I am currently using Ray white as my property managers for my apartment in the city and have been very unhappy with the service to date - it is in line with their google reviews. They have stated that my tenant is moving out on the 17th of June a few hours after I informed them I was firing them to change property management companies. Therefore I have said I will move in on that date and asked when I can pick up the keys - I have been told that they need to check the "6 months notice policy". Surely there is nothing they can do to stop me from moving in to my own apartment if the tenant has provided notice?

All advice appreciated.

[Perry]

I have been told that they need to check the "6 months notice policy". Surely there is nothing they can do to stop me from moving in to my own apartment if the tenant has provided notice?

There may be. Read the authority you signed with the PM. You may have to give them 6 months notice to end the authority.

[donna]

Let us know how you get on and what the 6 months notice policy is Snobilo. Is it standard for PMs?

cheers,

Donna

[Keys]

We let people go as and when they wish. There is no good will to be gained from forcing people to stay. I know of one company who insists that the authority remains as long as the tenant which they placed in the property remains.

[Nick G]

I'm curious as to what they can do if you get the keys and move in. Charge you management fees? What actually happens?

[Perry]

The owner becomes a tenant in their own home and pays rent to themselves and management fees to a REA?

Keys has it right. The ill will and potential for bad publicity is not worth being a stickler. But REAs may not care.

[Judy001]

Im with Keys on this one! If I had an owner who was unhappy with our services I would simply hand it back to them. Six months seems an excessive notice period. My notice is a month by both parties.

[eri]

barfoot, harcourts + impression

have the 'standard' 1 month notice to end management

6 months is out of line

if owner is tenant

can owner set peppercorn rental?

refuse to pay bond?

refuse to pay rent?

doubt the TT would order eviction from apartment of the owner for failing to pay rent to themselves

[Nice]

Many of us Independant PM companies have pretty much open contracts; our clients stay with us because we are delivering, not because they are forced to with contracts.

One of the bigger companies here in Wellington has all sorts of terms and penalty clauses in their contract that get invoked even if you sell !!

[Don't believe the Hype]

If you have fired them for failing to meet the standard set out in the contract you have with them then a quick letter from your solicitor outlining the breech of contract would likely see them agree to waive the 6 month notice period.

I doubt the income they'd generate off the extra 6 months renting your property would justify them getting their lawyers involved.

good luck

[Rentex]

It's staggering what some companies include in management authorities.

Nice,
Sounds like some Wellington companies operate the same as some up here in Auckland. We've seen lots of break fees, renewal fees, penalties for selling, etc.

snobilo,
As said above, advise them in writing that you are unhappy with their service and reference any specific clauses in the management authority that relate.
Also state you wish to move on and that it would be unreasonable for them to require 6 months notice of termination.
I hope they see the light, it would be horrendous business to do anything but release you with no charge.
Otherwise the issue can be taken to the Disputes Tribunal which is no good for either of you. You may be required to pay typical fees that would be incurred for the remainder of the 6 months. Depends on the contract.

With the tenant vacating, I suggest that you oversee the tenants final inspection and bond refund.

As suggested above, I doubt there is a clause stating that you couldn't move in as a tenant.

As per Nice's and Keys etc comments, we also have an fairly open contract requiring 1 months notice. However in practice we often wind up sooner in cases where the property sells or the owners move back in. Whatever works best for the client. Pretty simple.

[snobilo]

Thank you all for your input. I have managed to resolve things to a state that will work, I will still never do business with Ray white again.

People seem to forget the definition of "service" these days...When I ask to be notified of additional expenses as they happen ( approved up to $400, just let me know so I'm not confused when the rent comes through) but after multiple events they don't its terrible service. Then complain that I ask to have the rent paid to me weekly not monthly, if you tell me you can pay me out weekly at the signing of our agreement - stick to it!!

[FJW]

Hi Snobilo

If they wanted to hold you accountable for that clause they would have to take you to disputes tribunal. From what you have mentioned you would have a valid claim to exit their contract.

I would just go back to them advising that you dispute their clause based on xyz and advise what you wish to do.

You can put any clause in a contract but whether or not it is legally binding, enforceable and complies with legislation is another thing.

Hope that helps.