Terminating a property management contract

[Minz]

Wondering if anyone has pointers for me re. terminating a contract with one of my property managers. Service levels have dropped considerably over the seven years the company has had my property. I no longer have a copy of the contract (signed under a different owner), is there any way I can professionally shorten the long notice period they have given me? I have not tried to negotiate this as yet but I do think it would be fair and reasonable to have it under 90 days. The tenants have been in for nearly a year and they have had the property for a long time.
Minz

[Comprende]

Hi Minz,
This is an interesting issue, your PM should be realistic and release you if you are unhappy with the "service levels" you are receiving, unfortunately this is not always the case.

May be able to assist you to resolve this if you are seeking to appoint a new PM. let me know if you would like to discuss this.

Good luck

Regards
Grant
Director, Comprende.

[Halfway To Paradise]

I am considering moving some of my property to another PM I will be looking at putting a shorter notice period in the contract, I have been caught out by the 3 month notice before. I know this does not help you though.

[Nice]

Ask them for a copy of the original and if they cannot produce it give them 30 days notice (or to the end of the next statement period); as this is pretty much an accepted industry practice now days.

Any number of us are looking for new business and willing to assist you !

Keith
Nice Place Property Management Ltd

[Keys]

30 days is in our contract.

I suggest you give them 30 days and get them to prove different.

[Minz]

30 days is in our contract.

I suggest you give them 30 days and get them to prove different.

The agency is overall reasonable. This morning I did get a copy of my original contract and it clearly is 90 days, however, I have appealed to "reasonableness" considering I have been with them for seven years and the current tenancy is nearly at an end. Coupled with my dissatisfaction, I am hoping they agree to shake hands and let the divorce proceed professionally.

It will be interesting to see if they agree and many thanks for all posters inputs.

[Keys]

I no longer have a copy of the contract (signed under a different owner),

Please elaborate.

[Minz]

The company changed their name.....hmmmm....the contract they have forwarded through does not have a header on it! But I have appealed to their sense of reasonableness. Overall a well run professional group so I am hoping the manager I have will see practicality and agree. If not, then it possibly won't be too difficult to take the issue further as I have quite a good email trail evidencing the lack of follow up, the lack of header on my agreement (with their changed name) and also the length of time I have been with them.

[Viking]

Is your signature on the agreement?
If not ask them where they got it from and point out that if it is not a copy of the original they are essentially committing fraud.

Point out that a complaint of fraud against them will likely be viewed seriously by the outfit that is supposed to scrutiny these things.
That should get them going.

[Nick G]

A lot of companies wouldn't want to deal with the negative vibe.

[Keys]

No deed of assignment then?

[Minz]

Hmm - another query I can make (assuming you mean the headless/lack of header on the contract)...the company is contacting me tomorrow so I am assuming we can agree a "reasonable" exit. a) undetected maintenance issues that found it easily on a walk through that they should have found during inspections b) unresolved eight month old maintenance issue and lack of clarity on responsibility c) lack of response to some requests. I do have to admit the first five years were mostly good - rather annoying when you see that you are in the "easy" basket and are left to go stale.

[newbie investor]

They may have a "disputes" notice provision which allows for accelerated termination in just one day. Get them to send you their latest property management agreement and see if they have such a clause. If so, use it.

[Minz]

Thanks for input everyone. All sorted politely and nicely: listed and provided clear evidence for issues, PM came back and was appreciative of feedback, ready to release me from the contract, and communicate with my newly selected PM company. Sometimes it works out better to make the change and move on when things are constantly going nowhere fast - can't be bothered fighting as a good company generally doesn't intend to do a bad job (but when they do, it is done well! LOL).

[Rentex]

You sound very reasonable Minz. Well done on the level headed approach. All the best with your new PM.
We still see 12 month contracts around the place and also penalty clauses for selling at any point (even 5 years later!), so keep an eye out for them.

We ask for one months notice FWIW.