90 day notice

[bubble_and_squeak]

I've been privately renting this property that I am currently in for just over 4 years, up until the beginning of July this year when the 5 of the 7 houses that my landlord owned was sold. I am now under a real estate agent ( the purchaser is an overseas investor, residing in Australia).
(I have an immaculate payment of rent history and have a great reference from my previous landlord)

1) I never signed a new tenancy as I couldn't read the Property Managers writing... and it was never persued for me to sign it. I had to request a copy of the property inspection report (finally had to go to the real estate myself to pick it up), and then it was wrong...the way she worded it looks like ALL the curtains belong to the house when in fact a lot of them are mine...(she did the inspection on her own while I was in the lounge) I have on several occasions asked the estate agent for an amended copy of the inspection report to no avail.

2) When I email one person at the real estate agent, I get a reply from someone else.

3) The gas heater in the lounge packed up and my children and I were without heat for a month during winter. I had to give the estate agent a 10 day notice to remedy that plus other things in the house that needed repairing. (I had previously both written AND emailed a list of repairs in order of importance and got no response) BUT got a response once the 10 day notice was issued. This list of repairs were finally done, but in reverse order..so the heating was fixed last....one day before the 10 day notice was due to expire.

4) This property manager has a thing for the garden and edges being done...and re-inspections are being done every 2-3 weeks requesting that these be done (DURING WINTER) and in the last few months we have had a lot of rain and/or wind. So I emailed her and told her that I wasn't prepared to do that in this sort of weather...that the council sprays around two sides of the property a few times during the summer period. And if I had done the fence edges and the gardens, I wouldn't be able to get warm being without any heating...and prob getting ill in the process.

6) I was supposed to have a re-inspection on the 14 September, but she never turned up. I wasn't informed of her change of plans either by email or phone call (I always make sure I am home when she turns up).

5) During a previous inspection I noticed the property managers car outside and I expected her to arrive at the door...next thing I know, she had disappeared. Later that day I had a visitor, then the manager arrived. I was talking to my visitor and the manager was including herself in our conversation... I was trying to juggle both my visitor and the manager....I emailed the owner of this estate agent that I wasn't very happy about this, only to get a reply from the property manager herself. saying:"2004/09/24 Fri PM 02:21:22 GMT+12:00

With reference to your email regarding the inspections, there are in fact
> > two sections of the Residential Tenancies Act 1986 that apply to
> > inspections.
> >
> > Section 48 - The Landlord may enter the premises-
> > (b) For the purpose of inspecting the premises, at any time between 8
> > o'clock in the morning and 7 o'clock in the evening on the day specified in
> > a notice given to the tenant not less than 48 hours nor more than 14 days
> > before the intended entry, and not more frequently than once in any period
> > of four weeks.
> >
> > The notice you were given was for a reinspection for edges and gardens
> > only - the date of the notice I gave you was 22.9.04 that day to 5.10.04 is
> > in actual fact exactly 14 days.
> >
> > The second point being here that because I am checking only the gardens and
> > edges I do not have to enter the house - as a result Section 48 (7) applies (SHE ENTERED AS SHE WAS TALKING TO MY VISITOR!!)
> > which states: In this section premises does not include land or facilities.
> >
> > The other part of the Act that applies is Section 56
> > (b) (i) The applicant gave to the other party a notice specifying he nature
> > of the breach complained of and requiring the other party to remedy the (I WAS GIVEN A REINSPECTION NOTICE NOT A 10 DAY BREACH NOTICE...IT WAS RAINING AND WINDY BETWEEN INSPECTONS FOR GOD'S SAKE!!!)
> > breach within a reasonable period, being not less that 10 working days
> > commencing with the day on which the notice was given.
> >
> > The note I gave you was for the 5th October which is 10 working days - as a
> > result I will now do your reinspection on Wednesday 6th October 2004 between
> > the hours of 8o'clock in the morning and 7 o'clock in the evening.
> > (THE ESTATE HOURS ARE NORMAL WORKING HOURS)
> >
> > I would also point out that these have been reinspections for work you have
> > been asked to do - they are not full house inspections.
> >
> > A full inspection cannot be carried out more often than every 4 weeks.
> >
> > As far as talking to people at the house I make no apology for being
> > friendly. Some people find inspections quite intimidating and this helps.
> > I have a very good rapour with my tenants and will continue to be polite and
> > friendly.
> >
> > If you are not happy with having your home managed by Century 21 then you
> > have the option of finding a new house - this would of course require you to
> > give 21 days notice in writing.
> >
> > Have a nice weekend"


7) One the 1st October I arranged and paid for the lawns and edges to be done.

The last inspection date that I had notice of was the 6 October...now the manager usually arrives after 3pm...I was still waiting for her to arrive after 4pm. I was seeing a friend off at the gate with my daughter...and my daughter discovered an envelope in the letterbox; which was hand-delivered as there was no stamp. Upon opening the envelope, was a 90 notice...my family and I have to vacate the property by noon 5 January 2005.
I rang the Manager at the estate agent to ask WHY this 90 notice was issued, only to be told by her that she doesn't have to give a reason.
Now I would have thought that seeing that my family and I were tenants in this house for over 4 years (without any incident from my previous landlord) would count for something, but it appears I was wrong. I rang Tenacy Sevices and was told that I don't have to be given a reason.
So now I am currently in the middle of packing up...sorting out what to keep and what to throw out. ***the 90 day notice was NEVER signed***

9) On Friday 22 October, I recieved yet another inspection notice dated for the 28 October. Now I know she will mention (again) the gardens and edges ... as they have grown since the 1 October...but as I am in the middle of packing (which to me is THE priority), I just don't have the time at the moment to even think about the garden or the edges around the fence line.
I rang the owner of the estate agent 18 October and asked it the owner knows what is going on...and she reckons he does...

So what can I do now??? Any comments on all this drama???

[janesco]

Hi

Somehow it appears that someone has upset someone. It doesn't matter who upset who. Every one has their own side to every story.

It would appear that it is too late to mend what ever went wrong. So cut your losses and move out.

Look for another place give the property manager 21 days notice and move out early. You are only required to give 21 days notice.

I don't know how much bond you have paid but I have found that my own tennants when vacating usually stop paying rent before they leave and tell me that I can take it out of the bond. They are not supposed to do this but what can you do.... So if one had paid three weeks as a bond and one then gave three weeks notice ..... Not that I would every suggest such a thing..

Another point to consider is that you have stayed at this place for four years. Wherever you go you will need a reference. It may pay to limit the amount of damage you do with the Property Manager. She will be the one giving the reference.

Any way I wish you well with your new property hunt.

[bubble_and_squeak]

Thanks for your reply, but I have an excellent reference from my previous landlord (rented privately for 4 years without any problems); it's ever since the sale of this house in July this year, and being managed by a Property Manager that everything has turned to custard.
It's when I get told to do the gardens and the edges around the fence line during winter that gets my back up, because no normal person would even attempt to do that. and no normal person would ask me to...especially during that spell of bad weather in the last few months.
And now that I'm in the middle of packing and the Property Manager is doing her inspection next Thursday, I can't see HOW I can do both in that time frame.
My goal is to get the packing done in a short a time as possible, so that I don't have to do it while looking for another house as well.

I pride myself on the maintence of where I live and my rent is always paid on time...but I can honestly understand now, why tenants do a runner and/or not pay their rent - as fairness should be by done by both the landlord and the tenant.

[artemis]

If even half of the orignal post was true (not that I'm doubting their word for a minute) I am amazed at the tone of the property manager. I now know a firm I would definitely not hire to manage my places.

The attention to edges seems to border on the obsessive.

To me, a good long term tenant is to be cherished. And bubble and squeak certainly seems like a solid gold tenant to me!

Good luck with finding a new place.

[cube]

The attention to edges seems to border on the obsessive.

[pixie]

Personally I think someone lost the plot - all those inspections etc etc.

Now only do this if you can a) keep a sense of humour and b) be pleasant (no sarcasm!) but if you can ............

If I was you I would track down the name and address of the current Australian owner, send them a letter and warmly thank them for the privelege of being their tenant (really).

Tell him/her that you lived there 4 years, show him/her that the rent was always paid (plus the reference, a few photos would not go amiss) and tell them how much you enjoyed being the tenant in their home. And then I suggest you advise them that you have considerable concerns that it might very much be in their interests to find a property manager who knows what they are doing and who is not given to personal vendettas given the history since the change over.

[bubble_and_squeak]

Thanks for all your postive feedback...what I have stated in these postings is true. I have tried to locate the owner of this house, to no avail...Century21 won't even tell me who it is. I've tried searching the Net...all I know is that the owner goes under the company name of "Empty Property Investments" and I've tried searching both in NZ and Oz for that company. I have met the owner breifly when he was looking through the house before the purchase, but I never thought to ask him his name. In future, if I am in a position that a house I rent is due to be sold, I will make sure I ask the buyers name.

At the moment, I feel like not letting this woman in the house on Thursday for a number of reasons: I am still in the middle of packing up, the place looks like a pigs breakfast, and I think she will more than likely comment on the fact that I have been packing...and at this point in time, I cannot be doing with her comments.

I'm "expecting" another 4 inspections before Christmas (not counting the one this Thursday).

If she decides to do an inspection during the 6 week Christmas break (I'm meaning the school holiday Christmas break period)...is it legal for her do do so? I don't want her to "visit" during that time and I can I turn her away without getting into legal strife?

Cheers

[regan]

all I know is that the owner goes under the company name of "Empty Property Investments"

Hi Bubble and Squeak - I've sent you a private messge which may be of some help.

Regan

[bubble_and_squeak]

Thanks Regan

I've drawn up a letter and will be snail-mailing it tomorrow. Be interesting to see what the outcome is.

Cheers

[pixie]

Check tenancy services web site for the number of inspections that can take place (frequency).

If the agent is within that limit then you need to let them in - don't get difficult yourself. Two wrongs don't make a right and you just need to be very pleasant and get out of there with your reputation and emotional well being untarnished.

You do realise that you can find a place, give 3 weeks notice and leave sooner than later. It appears that the sooner you move the sooner you will be free of this stress and upset. Who is right or wrong is irrelevant - just get free of the upsets as soon as you reasonably can.

Resentment - when YOU drink the poison and hope THEY die.
Trust me - it is an emotion not worth having.

[bubble_and_squeak]

Today was supposed to be an inspection....I went out walking the streets to see what houses looked empty....I left my answerphone on. I returned home - no messages. I waited for the Property Manager to arrive while I was packing....Still waited...and waited. By 4pm still no sign of her. Checked e-mails at 6.45pm...got email from Rental Administrator at Thu, 28 Oct 2004 13:21:18 +1300, saying :

quote: "Dear *****

I sent a notice to you last week informing you of a property inspection today. I should not have sent that notice because you are not due for another inspection until December. My apologies for that. Please acknowledge this email so I know that you have received it. Thanks.

Regards

*****
Rental Administrator"
unquote

Now:
1 They have my phone number, so
2 someone should have contacted me earlier, and
3 being so-called professionals, they should have seen this mistake earlier and either not arranged for this, or cancelled earlier....

I am not impressed.

[Glenn]

I have scim read most of the posts on this issue.
In my opinion the 90 day notice given to you is what is called a retalitory notice.
This is banned in the RTA and can be struck out by the tribunal.
Retalitary notices are when they have been given when there is some dispute over your facilities.
You have clearly shown that you have issued 10 day notices to have work done and so forth and so can show there is reasonable grounds to suspect this.
My suggestion to you is to file a claim in the tribunal for the 90 day notice to be struck out. All PM's hate applications against themselves. it is very hard to defend and any fine that might be warded might even have to be paid by the PM rather than the owner.

[bubble_and_squeak]

THANK YOU ! for the information; I will ring up Tenancy Services on Monday...I am still a newbie when it comes to all this tenancy law buzz but I am learning a lot from everyone and I thank you.

I got a call from another Property Manager from another Estate Agent this morning (I filled out a Tenancy form on Wednesday to find another home); he congratulated me on being successful ...he had to do a police check...but he was concerned about the 90 day notice I was given, so he suggested I call in to see him on Monday afternoon to talk about it...the thing is - I can't really tell him much as I still don't know why I recieved it.

Cheers for now

[QueenBee]

Sad to hear all the trouble you've been having. The Property Manager sounds like they've got "short persons disease" or their job has gone to their head.

As a landlord I would certainly want to know if my PM was acting unreasonably. I think the obsession about the edges are "over the top". I'm just glad if the tenant mows my lawns! I would be rapt to have a tenant such as yourself - I wish there were more out there like you.

Good luck finding a new place.

Cheers, QB

[bubble_and_squeak]

Thanks Queen Bee, I appreciate that

As of today (Tuesday 9 November 2004) I have been given the go-ahead to move into another home!!!! I am soooo happy!!!!

This new home is a 3 bedroom (currently in a 4 bedroom), with single garage (have no garage here), has wet-back (gas here), smaller section (huge, massive back lawn here that looks like a paddock if not mowed regularly!), has trees in the front! (no trees here...), more modern-looking home with TWO balconies with 3 ranchsliders - 1 off the lounge and 1 off 2 bedrooms (this place has no outdoor living and is in need of a major upgrade), new home is a few houses from a petrol station, across the road from the cozzie club and a minor walk to the lake ...and this place is $130.00 a week...my new home will only be $140.00 a week.

My family and I will be moving in before the 3 December all going well!