False Rental Inspection Report

I got a rental inspection report from the real estate agent a few months ago detailing the state of my investment property and all was in good order. Today I found out from the tenants that an inspection did not take place, they got everything ready but the agents never turned up to do the inspection.

I showed part of the report to the tenants and they said that the things in the photos in report are not theirs. When I got home, I checked the old reports from 1.5 years ago and it is exactly the same photos. My mistake for not checking.

The most recent report clearly stated an inspection took place on the date all parties agreed upon.

I've yet to speak to the real estate agent. The agent charge a weekly management and admin fee but not for the inspection which is part of the rental agreement.

What course of action should I take? I'm in the process of selling the property (not with the same agent). The tenants are really lovely people and looked after the place, I don't want to get them in trouble but if anything, they have more to lose when they eventually move out.

Comments

  • +4

    I'd be reading the contract, particularly about inspections, and when they fail their duties

    I'd probably just clarify in writing to the head REA that this is the correct inspection report.

    Then id tear them a new one

    Also, did they forge the tenants signature? Or did they just visit at a later date and inspect the property. I dont think you have to be there together to sign the inspection report.

    Not a owner renter, but thats what id do.

    • +2

      The tenants did not sign anything and nowhere on the report requires the tenant's signature. It only has the inspector's signature. There has not been any inspection since the report was made. The rental agreement only states that they'll undertake periodic inspections at the Agent's discretion - which doesn't matter I guess since they said they did it and they didn't

  • +3

    I would have thought the management fee covers actual management? E.g. inspections? Otherwise what are you paying them for? Being a middleman for rent?

  • +6

    Sounds like you are getting ripped but I bet when you confront them they'll pull the "honest mistake" or "clerical error" card and nothing will come of it. So since you are selling, simply vote with your feet and never use them again.

    • +4

      I wouldn't let this one slide.

      It is blatant fee for no service.

  • +9

    The next time you're paying them a fee, send them a letter showing them the fee you paid last year on your bank statement instead.

  • +4

    I would send the RE an email 'innocently' querying why the photos look so similar to last year's. It would be interesting to read their reply : will they admit that they falsified the report or will they lie some more.

  • +1

    Don't waste your time telling them anything other than you're taking your IP to another agent.

    If you stay with them after this, you are a fool.

  • +2

    If you are selling anyway and you have a good relationship with the renter, why not just do away with an agent altogether and pass the savings on to the renter as a thank you for being good tenants and also as an inconvenience goodwill gesture as you are selling.

    • Insurance may not pay without professional management..even though so many are useless.

  • +1

    I don't think the Contract is relevant. To me, they have been deceiving, simple as that. There's probably an explanation so good to ask first.

    The tricky part is you are selling. If not, I'd say take it back and self- manage until this Tenant moves out.

  • Was your investment property for sale through the other agency at the time the supposed inspection was undertaken by the property manager?

    • no, in process of selling now, "inspection" was few months ago

  • I have been through this process with a hopeless agent, changed agent, and now going through it again. Similar rubbish to what you are experiencing. I basically found REA are basically untouchable, there is no ombudsman, no recourse except for direct legal action. I contacted the head office (Australia) who basically gave me a "yeah that is unacceptable story, we will follow up". They never did, and never returned any calls or emails after that.

    Would love to know if you have any success. Need a name and shame agent website. Some of these are scum. No appreciation for the hard work owners have put in just to have an investment property.

  • Citizens, I've been a tenant at several properties over the last three decades, and on several occasions the agents haven't turned up for scheduled inspections. No explanation, no follow-up. I conclude that this is not uncommon.

    • …And how about that work of fiction that is the pre-rental property inspection report. Lol.

  • +1

    Tenant here - no idea what the landlord sees in their report, but can confirm most agents spend all of 5minutes in the house, ask if there is any maintenance to report, and then they quickly leave. Wouldn’t be surprised if landlord receives a fabricated report or just a copy of the last one.

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