Renting Problems with property manager and Owner WA

LAzej on 14/11/2020 - 23:30
Last edited 16/11/2020 - 11:49

-email was 2 weeks ago our inspection was scheduled already
-pm on the property 6 days early

Hi All, I'm just looking for advice from people who have been in a similar situation.

We're renting a house and received an email from the property manager that advised.
"the neighbours had advised the owner their concerns of the weeds in the corner of the house and the owner has notified us, the weeds need to be attended to and will be checked next inspection"

We advised the property manager if the owner is stalking us it needs to stop, any issues need to be brought up at the time of inspection. It's impossible our neighbours would care about the weeds in the corner (they have parties every weekend with over 10 cars everywhere and they also block the footpath every night with their big cars, nothing bothers us but I don't see why they would care about the weeds in the corner)

A few days ago the property manager was outside our window taking pictures of the house,, it's a new one and we had no idea who it was, we thought it was someone who wanted to plan a robbery. We work from home and have expensive equipment in the house. We went on the real estate website and saw the persons picture displayed as the client relationship manager.

Has anyone had this sort of experience? It's disturbing and has made us uncomfortable to live there. We've emailed the property manager but are yet to receive a response.

Thanks all

Home & Garden

Comments

  • trex on 14/11/2020 - 23:37
    -6

    Member Since 16 min 16 sec

    • iNeed2Pee on 14/11/2020 - 23:45
      +3

      Your point being?

      • Quantumcat on 14/11/2020 - 23:46
        +4

        He is saying it may be a wind-up or a troll

        • iNeed2Pee on 14/11/2020 - 23:49
          +6

          This story sounds too unique to be a troll!
          Surely they have better things to do then make an OzBargain account on a Saturday night to talk about weeds 🤣

          • Azej on 14/11/2020 - 23:58

            @iNeed2Pee: It's like 20 weeds in the corner, if I could post a pic I would. I'm not weeding it until next week before inspection day.

            • iNeed2Pee on 14/11/2020 - 23:59
              +2

              @Azej: Yeah don't stress too much about it!
              Try have a good weekend!

          • onetwothreefour on 15/11/2020 - 08:04
            +1

            @iNeed2Pee:

            Surely they have better things to do then make an OzBargain account on a Saturday night to talk about weeds

            Have a look at some of the other forum posts, it's not unusual for a new user to post a wild story then disappear without commenting.

            • Azej on 16/11/2020 - 12:05
              +1

              @onetwothreefour: This isn't a wild story lol. My brother brags about this site 24/7 so I came on asking for advice.

              If you would like a wild story here is one
              Hotel scene - Perth

              -whilst at work I got a call at the reception desk from a guest that I needed to call the police.
              -guest advised that their friend was high and climbed down the balcony with a knife.
              -colleague and I look outside and sure enough we see a guy running around half nude with a knife.
              -the guests came down as they wanted to ditch their friend before popo and ambo came, but they were too slow.

              Fin

          • aragornelessar on 15/11/2020 - 13:28
            +2

            @iNeed2Pee:

            Surely they have better things to do then make an OzBargain account on a Saturday night to talk about weeds 🤣

            You must be new to the internet…

        • AustriaBargain on 15/11/2020 - 03:40
          +1

          But the post isn't at all funny, other than OP turning to OZB for an answer.

    • Azej on 15/11/2020 - 10:40

      If I could neg you I would but as you pointed out 16min 16sec

      • trex on 15/11/2020 - 11:08

        Welcome to OzB. Anyway neg is being abused. I stated a fact with no added comments but yet…

        • Azej on 16/11/2020 - 06:08

          Lol dude c'mon, you know what you did. Neg is justified

      • pjetson on 15/11/2020 - 11:19

        What reason would you be negging them for?

        • Azej on 16/11/2020 - 12:32

          For being low key dismissive of noob enquiries by stating facts that are not relevant to the enquiry.

  • Quantumcat on 14/11/2020 - 23:44

    Why would the client relationship manager of a real estate company pay the company to act as his real estate agent, you'd think he would just do it himself as a private landlord if he has real estate knowledge? Especially someone who didn't engage the real estate company because they don't want to have any effort or hassle, considering he is going to the effort of taking clandestine pictures of the house.

    So something doesn't quite add up.

    But anyway you have the right to quiet enjoyment of your tenancy, you should get a certain number of days notice for when the landlord visits. He can't just show up. Whether or not that allows you to end the tenancy with no penalty I don't know. You'd probably have to file something with the tenancy board. I am sure someone will be along to give you exact figures for notice periods etc.

    • Azej on 14/11/2020 - 23:53

      Sorry I may have worded it wrong she's our landlord but on the real estate website where it says "our team" it states her role is client relationship manager.

      I think it's the term this company uses instead of property manager to be more fancy or to "connect" with people.

      • Quantumcat on 15/11/2020 - 00:01

        So I got it right then - your landlord works at the real estate agency that she has engaged to manage her house? That is really weird.

        Edit: I read Stewardo's comment below. That makes more sense.

  • Stewardo on 14/11/2020 - 23:54
    +1

    I think OP is mistakenly calling the property manager “The Landlord.”

    • Azej on 14/11/2020 - 23:56

      My bad, just fixed it.

    • avoidfullprice on 14/11/2020 - 23:59
      +1

      I think you're right. It makes more sense reading OP post.

      If that's the case than the property manager taking photos outside to address a problem isn't much stalking…

      If I'm OP I would want to know what's the concern with the weeds (presume we are not talking about drugs). Got a photo of how "bad" these weeds are?

      • Azej on 15/11/2020 - 00:02

        Would it be considered disturbing our peace, she was standing outside the bedroom window at 10am in the morning?

        It's raining right now so the weeds are flat. There's no garden "thin mulch and sand patch" is the exact phrase used in our condition report from our original property manager.

        • whooah1979 on 15/11/2020 - 04:46

          Taking photos of subjects visible from a public place is perfectly legal.

          • Azej on 15/11/2020 - 04:47

            @whooah1979: She was on the property outside our window. Are property managers allowed to come on the property without notice and take pictures?

            • whooah1979 on 15/11/2020 - 04:51

              @Azej: Do you have evidence of this act?

              Btw what happened to the lawn?

              • Azej on 15/11/2020 - 04:57

                @whooah1979: No video evidence, we do have witnesses that don't live here other than myself.

                • whooah1979 on 15/11/2020 - 05:12

                  @Azej: In that case, send a letter to the landlord telling them not to enter the property unless they have a legitimate reason to do so. Put them on notice that it would be treated as trespassing and you will exercise your right to report them to the police.

                  Get a wifi camera and place it so that it can record anyone that enters the property.

      • Azej on 15/11/2020 - 00:15

        I took a photo lol

        https://www.dropbox.com/s/enrh8vgl3nkfrin/20201114_211458.jp…

        That is the sand where she was standing outside the window

      • Azej on 15/11/2020 - 00:17

        This is the grass weed, those ones that usually sway in the wind when up and dry.

        https://www.dropbox.com/s/1u94tq16p1ljxst/20201114_211523.jp…

        • whitelie on 15/11/2020 - 01:56

          Looks pretty petty to me….definitely not something most neighbors would be complaining about that's for sure. Rake them up and keep it tidy then get a camera out the front to prove how often they're coming around.

        • avoidfullprice on 15/11/2020 - 09:26

          The property manager standing that close to your home as piced is bit creepy but not really disturbing your peace, esp at 10am. You can ask them next time when they do that, give you a buzz first as courtesy. Alternatively, meet them with a cricket bat. I see below you have lodged a police report, so that's a warning to the REA

          So after you get rid of the weeds, either at the inspection or afterwards, talk to your property manager and find out what's the problem with the weeds complained by the next door neighbour. Is it fear of grass fire? Do they hear a snake there? Some other safety reason?

          The whole thing about your neighbour having four cars parked on their driveway, while tell us your neighbour us a bit petty and inconsiderate, doesn't really have anything to the weed problem. Although has me thinking, what else is pissing them off.

          Finally, my guess is 8/10 chance your owner doesn't give a shit about this situation

          • Azej on 15/11/2020 - 09:33
            +2

            @avoidfullprice: I only mention the neighbours behaviour as they seem like the type not to give two (profanity) about anyone else. (they block the path, throw parties).

            The property manager advised us the neighbour complained to the owner who complained to them. We believe the owner drives by the house and wants us to weed it, however the property manager can't openly state the owner is coming by the house and would have to say a neighbour.

            We're not going to make the place look better than what it was when we received it, the front looked like sh*t. We were happy about that.

          • Azej on 15/11/2020 - 09:37

            @avoidfullprice: We think the owner is driving by the house, we searched him up online and from the public pictures we found it looks like a man we see who always drives slowly. We're going to put up a camera. Maybe a sign also "Amit we see you"

            There's no garden or decor at the front. Might make it fancy

  • whitelie on 14/11/2020 - 23:55
    +3

    If you don't get anywhere with the agent, go to Tenancy WA.
    Have a read of the fact sheet here and the section regarding "Interference with your privacy".

    The landlord is the person that owns the property. I assume you mean a property manager?

    • Azej on 14/11/2020 - 23:57

      Yesssss I meant property manager, my bad

  • Mechz on 15/11/2020 - 00:11
    +9

    Here's what I'd do.

    Fix the weeds, send pics etc.

    Every little problem you find around the house, Send a maintenance request form in.

    They'll soon get the idea.

    • Azej on 15/11/2020 - 00:22

      I'm pretty sure this owner would take every chance to come by and be Mr repairman so he can come inside the house.

      The house is filled with stock and equipment,
      we just want to be left alone.

      My sister and I also are sure he drives by the house often, we searched him up from the rental agreement and what we could see from fb and the dude in the car they look similar.

      • AustriaBargain on 15/11/2020 - 03:38

        Did you tell them when you rented it you had a commercial use for the property? Who knows what this neighbour has been reporting to the owner what they've been seeing next door.

        • Azej on 15/11/2020 - 03:47

          I'm a sole trader, I work from home (not a registered company).

          The neighbours can't see anything, I don't think it's them. I don't think they would want trouble, they block the footpath everyday as they have their garage turned into a gym and own 4 cars that don't fit in the driveway. They also have parties on the weekends with cars everywhere (none of this bothers us, we don't think they complained. We think the property manager told us a neighbour complained because they can't say the owner has been driving by the house)

          • AustriaBargain on 15/11/2020 - 05:26

            @Azej: Does the neighbour own their house? And they personally know your landlord? I don't think it really matters what your neighbour does with their property. The neighbour can report god knows what to your landlord, but who are you going to report the neighbours transgressions to?

        • Azej on 15/11/2020 - 03:50

          We've also had our first inspection with our set-up and equipment, there was no issues until an email a couple weeks ago about the concern of the "weeds in the corner".

  • SF3 on 15/11/2020 - 00:48

    Maybe consider moving as your are renting. Your neighbours sound horrid.

    Or maybe your neighbours are upset because you don’t have weed they could consume…🤫

    • Azej on 15/11/2020 - 00:55

      If that was an easy option we would consider it, we just moved here 3 months ago. It's Christmas time, all our equipment is set up and it's not easy to move it all.

      We don't mind the neighbours, we're up until 2am working and their not loud early in the morning.

      We just want to only be disturbed during inspection time.

      We lodged a police report as we thought someone wanted to rob the place until we saw the woman on the website.

  • Almost Banned on 15/11/2020 - 01:53

    It is VERY difficult for landlords to terminate a lease under COVID.
    I wouldn't be making any special efforts. Just pay your rent and generally look after the place. You should be fine.

    • Quantumcat on 15/11/2020 - 08:13

      Leases can still be terminated for all of the normal reasons. The only thing that changed was not being able to evict if the renter can't pay rent due to losing their job due to covid.

  • AustriaBargain on 15/11/2020 - 03:37

    You own the lease. You can't be evicted over some weeds in one corner. Sounds like their agent saw something else worth photographing in any case.

    • Azej on 15/11/2020 - 03:44

      I don't think they're trying to evict us, I think the owner is an*l. We would've been happy to send a photo of the house to them if they asked nicely instead of some bs story that the neighbour complained to the owner who then notified the property manager of the weeds.(in the corner)

      I don't think property managers or the owner can come by unannounced telling us to do stuff inbetween inspections?

      • AustriaBargain on 15/11/2020 - 05:28
        +1

        Property managers are paid wages so it is unusual to see them at your place between inspections.

  • morse on 15/11/2020 - 08:40
    +1

    It sounds like you’ve done the right thing by emailing them and asking them not to stand outside your house taking photos. Just take the weeds out and hope they stop. If it continues perhaps a more formal letter referencing “Tenants have a right to quiet enjoyment and reasonable peace, comfort and privacy of the property (Residential Tenancies Act WA (1987), section 44).” You could also ask for some advice from http://www.tenancywa.org.au/

  • joose on 15/11/2020 - 09:57

    In WA contact tenancywa.org.au They will advise, advocate and support you if matters go to court.
    Your landlord can also be served a breach notice for this behaviour.
    WA still has a moratorium on rent rises and evictions until 2021, and as there is a lack of rentals anything new to the market will ask a higher premium.

    • Azej on 15/11/2020 - 10:33

      Thanks, I'm going to call them tomorrow!

  • OzHunterNSW on 15/11/2020 - 10:56
    +4

    NOTE: NO landlord for their representative can enter near your property without giving prior notice, and stating purpose.

    At NO time are they allowed (unless agreed) to take photos. I would write, state day, time, and demand ALL images, and their digital storage, be immediately erased.

    Sound as thought the "owner" is a helicopter … same applies to him/her… they have designated a "property manager" so you only deal with the property manager. Tell the property manager that under no circumstances is the "owner" to come near your premises.

    As for the weeds… who gives a shit (French)… they offer notice of "Inspection" and you have time to tend to such trivial issue if need be.

    Remember: Always diarise everything. They have no legal right to photograph your personal property. They are required to issue notice of Inspection no less than 7 days. The owner has nothing to do with your tenancy, you have signed the lease with the property manager. The owner must NOT ever come near your premises.

    In NSW you have NCAT… a Tribunal which deals with such disputes.
    I know it inside out.
    Recently, my real estate were Ordered to pay compensation to me in the amount of $2,500.00 for failing to provide my tenancy the peace and quiet one would expect.

    • swimmingtoad on 15/11/2020 - 13:05
      +2

      "Under no circumstances is the "owner" to come near your premises"
      You cannot demand that. They have a legal right to walk/drive past and check in on the property. They just cannot enter the property.
      Owners have rights also, it's a delicate balancing act.
      In this case the agent should be the reasonable 'filter/educator' between the two parties on what is and isn't acceptable legally. Sounds like they aren't really doing that job properly.

    • whooah1979 on 15/11/2020 - 13:15

      I would write, state day, time, and demand ALL images, and their digital storage, be immediately erased.

      This requires a court order.

      They have no legal right to photograph your personal property.

      Please explain what you mean with personal property and why someone isn't allowed to take photos of it.

    • ozbjunkie on 15/11/2020 - 19:47

      Pretty sure there a very small number of valid reasons to enter without you giving permission, such as when there is some emergency, like the apartment below is being flooded and it looks like it's some renters apartment above.

      Not sure about the distinction between taking photos on or from public property, rather than on or from the renter's private property.

      Otherwise, all good points.

  • MeesusEff on 15/11/2020 - 13:35
    +1

    Can't really stop an owner driving past their house. I live literally across the road from my rental and "see" it multiple times on a daily basis. Maybe they live down the street, who knows.

  • bobwokeup on 16/11/2020 - 09:50

    Well I can’t stand my neighbours that let their weeds grow ridiculously high as the wind blows the seeds onto my property. I’m not sure how far the weed seeds travel but I dare say even 2 to 3 houses away it would still affect us, so you don’t know which neighbour put in the complaint. At the end of the day it doesn’t matter who complained you should be staying on top of your weeds.

    • Azej on 16/11/2020 - 11:46

      aT tHe eNd oF tHe dAy the property manager should not trespass and wait until inspection which is in 3 days.

      Wrong actions aren't justified based on your feelings. You're comment isn't helpful, it's not about what yOu can't stand, I'm seeking advice on property management showing up outside my window and running off.

  • Darayus on 16/11/2020 - 11:17

    Technically LL can only enforce to keep the garden and common property area neat and clean and tidy, cannot enforce to ensure that weeds and grass are upto date. Also since now water is required to be paid by tenant, tennant can refuse to water the garden if there are no grey water recylce installed by the LL or rain water tank installed by LL.

    Also check your property report when you took the property in your possession did they cover green lawn area or weeds and grass coverage.

    • swimmingtoad on 16/11/2020 - 11:22
      +1

      Depends in which state you reside. However for VIC you are largely incorrect.
      Simply put, most rental agreements will dictate that the tenant is ultimately responsible for ensuring the garden/yard is maintained to the same standard set when moving in.
      This includes watering, mowing, edging, and weeding etc. However not more major items such as gutters, tree lopping etc.
      I personally would take issue if one of my tenants refused to water/weed/maintain the yards.

    • Azej on 16/11/2020 - 11:58

      Hi Darayus, there is no lawn. There's an old artificial patch at the back which is worn out and the green dust from it blows everywhere, at the front it's a sand patch.

      The weeds was on the council verge, the council came and mowed it this morning. It's not at the front of the place just in the corner on the side, everything else is hell old mulch and sand patches.

      Do you know if this grey water thing is for western Australia? I couldn't find much about it online.

  • Azej on 16/11/2020 - 16:30

    UPDATE - the agent replied and apologised for the confusion, they said they were looking for a water leak.

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