Agent Entered Property without Providing Proper Notice Period

LGronk on 21/04/2017 - 12:09
Last edited 21/04/2017 - 12:28 by 1 other user

When I arrived home yesterday evening our I found a generic calling card from our real estate agent in our front door. Curious, I phoned them this morning to find out what it was in relation to only to be told it was because they had performed a routine inspection (while my fiance and I were not home) - I nearly hit the roof.

The agent is claiming they sent us a letter in late March, we never saw it and since all correpondence with the agent to date has been via email (including previous inspection notices) this seems like little more than a convenient excuse on their part. When the owner contacted them they claimed they did not have the correct email address and that an attempt to contact us by phone yesterday was also unsuccessful, neither myself nor my fiance received any missed calls yesterday from unknown or private numbers so again, I call bullsh*t.

To provide a bit of back story, I'm related to the owner of the property and he visits regularly so he's already advised the agent that inspections aren't required. I don't have any particular issue if the agent needs to conduct inspections in order to tick whatever boxes are required on their side of the fence but we have a policy of always being present for rental inspections. The owner has thrown his full support behind us and after giving the agent a piece of his mind is re-considering whether or not he's going to continue when them as property managers because he feels as though he was just fed a script and that the agent is making a minimal effort at best.

CAV have advised me to proceed with a notice of Breach of Duty against the agent, looking for advice / input from people who have been through a similar process as to what this process is like and what other channels may be available to ensure these guys don't get off with a slap on the wrist?

Home & Garden

Comments

  • oscargamer on 21/04/2017 - 12:26
    +3

    the owner has WAY more power over the REA than you do

    just get your relative to get a new REA

  • Pumpkin_rrr on 21/04/2017 - 12:41
    +1

    Wow, this is unbelievable and it's a very big breach of privacy. I find it strange that despite the Owners advice NOT to conduct inspections, they still went ahead. Over-zealous? Are they large company or small? Might have to go all the way to the top. Ask for a copy of the Report, and report of the past inspections as well.

    Since you have the contacts of the Owners, do let them know and keep them in the loop of all communications from now on.

    And yes, give them a Breach Notice according to laws in your State.

    • Diji1 on 21/04/2017 - 12:44

      The agent is probably assuming some sort of liability for managing the property although that's no reason for conducting unattended inspections, I believe that may be an illegal act and the agent could potentially be charged with some offense related to unlawfully entering a premises.

  • tomsco on 21/04/2017 - 12:47

    Just out of interest, would the breach achieve anything (genuine question)?

    My understanding (having never rented in Aust), is that the breach allows you to terminate your lease early, so effectively would be a hit against the LL more than anything.

    As I said, my knowledge is limited, so I'm happy to be corrected.

    As oscar says, just get your relative to change REA.

  • Diji1 on 21/04/2017 - 12:47

    I'd call the police non-emergency line and ask for police attendance so you can make a report. That's 131 444 unless it varies by state.

    • Gronk on 21/04/2017 - 19:02

      The local police station is (literally) just across the road so I will make a point of walking over tomorrow and at least talking about it - my expectation is that they'll refer me to CAV / VCAT because the agent was given the keys by the owner. If they'd come in through a window, completely different story, the fact that they left a calling card would probably support their angle here.

      The ironic thing about all this is I was already in the process of setting up a system of cameras to keep an eye on the place while we're out, just waiting for parts to arrive.

  • robbyjones on 21/04/2017 - 12:50
    +3

    Why does your friend even need a REA if he visits your home on a regular basis seems a waste of money to me?

    • Gronk on 21/04/2017 - 12:51

      He gets cheaper Landlord insurance by using a managing agent - I think he's taking a good long look at his finances to see if the discount is worth it now.

      • robbyjones on 21/04/2017 - 12:53
        +1

        Landlord insurance is not that expensive even if he got 50% discount it would no way be a saving unless you are paying $100 a week rent and I have never been asked by insurance companies if I have a managing agent. Seems weird to me.

        • Gronk on 21/04/2017 - 13:06

          The relationship is through marriage not blood, maybe that helps ;)

  • Pumpkin_rrr on 21/04/2017 - 12:54
    -1

    As for changing Agent, I wont hastily suggest that unless you know all the facts.
    Is this an isolated case, how does the Agent perform in other areas and communication. It doesnt sound like you have other complaints about them.
    Your Owner is the one who knows best whether the retain them or not.
    Your job is to provide feedback about this. And what do you get? An apology with flowers chocolate or wine…. LOL

    • Gronk on 21/04/2017 - 13:00

      We've only been in the property since December so we've had limited previous dealings with them, but there haven't been any other significant issues which I can report.

      The owner has previously commented that he's not overly happy with their performance in general, but there hadn't been any huge stuff ups like this one, just slow / vague communication and that sort of thing.

  • iratepirate on 21/04/2017 - 13:57
    +2

    I'd be making a thorough check of your property to see if anything is missing… ;)

    • KaTst3R on 21/04/2017 - 14:16
      +4

      Or if they added something/did something to the property. You never know the agenda of the managing agent given the above circumstances.

  • John Kimble on 22/04/2017 - 06:10
    +2

    "Hey honey, thanks for installing those new hooks in the bathroom close to the shower, they're great!"

    "What hooks???"

    https://au.news.yahoo.com/a/35083308/spy-cameras-in-clothing…

Login or Join to leave a comment
Login Join