I Think We Are Dealing with a Dodgy Agent

LFrustratedtenant on 21/01/2022 - 13:21
Last edited 21/01/2022 - 20:07

Edit: Because I am an Author apparently

TL;DR: Real estate agent (in SA) going after full cost of repairs for damage not done by tennant (my partner). Yes I have the original photos now and advice - they are dodgy.

So this has been frustrating my partner and I for months now and recently its just now p***ed us off..

Originally he signed his lease with a different agent to who we are dealing with now (I was not on the lease but act as his representative as we works in the mines.)

So everything was fine with previous agent. The owner chose a new agent. Instantly some concerning things.

  • No welcome pack, just a letter, bank details and a "we will set you up with a property tree account" - cool, np… he was never given a property tree account.

  • No new ingoing inspection, no new lease signed with the new agency and no confirmation of bond being transferred over.

Covid is in full force so he just carries on as usual, pays rent etc no issues, until he asks if he can have my name included on the lease as we are in a serious relationship, and my house was broken into and I didn't feel safe.

No… no he can't… why? Because I have 3 kids.
He questioned them, they said they would let him know - they never did but I was present for all inspections and spoke to the agent at them… they were aware I was there but refused to draw a new lease up with their agency and have my name on it.

So first inspection finally gets conducted - I get questioned on some repairs carried out prior to my partner moving in and a few other things that were not him. I let them know its was there prior and reflected on the ingoing inspection sheet. We hear nothing. All good…

Next inspection, same person, same questions and I gave her the same answers. This time she leaves and partner receives an email later stating a re-inspection needed to be done due to these things and a food particle on the carpet… he replies showing proof its reflected and had confirmation from old agent they have photos showing its all there.

Agent replies with a weird email basically stating "show me your proof and I will compare it to the same proof I have from the same agents"… my partner has no photos from the previous agent. Not sure how to actually obtain them but there's over 300. We leave it alone and they evidently do not conduct another inspection…

Then they offer a lease extension… no new lease, no new paperwork to show they hold the lease now, just 1 lease extension offer page (1yr) and a rental increase of $29. Original lease has no provision to increase rent at all… fyi it is a fixed term.

He only extended it due to the rental market and not securing a new place yet, they were aware well in advance he was looking for a new place for us all.

2 months after we get accepted for a place. But they made having a reference from them difficult too… both us and new landlord had to go back and fourth with emails and signing forms just for them to say "he is always on time with rent and no issues"

We had submitted maintenance requests around the time we were accepted and only 1 request was seen too. The rest were ignored and no way to access proof of the requests due to no property tree access.

They are given 30+ days notice of intention to vacate, a list of reasons and offers to find a tenant to take over lease. We had close too 120 potential applicants lined up. They reject that offer and refuse to advertise until keys are handed back… ok fine.

We vacate on date specified and hand keys back with out exit report. I scrubbed that place… i have a picture of the bench and tiles (dated) with soap suds on it from scrubbing that I sent my partner while going about my day..

We moved out 30th august, handed keys back 7th sept, agent says she has issues to discuss on 8th sept, partner can't speak over the phone and had requested ages ago all communication be via email. He takes a break to speak on the phone and she says "we wont charge break lease, but there is some gardening and a few things you missed to be cleaned and water is paid in advance so dw and place is advertised now" he says ok, send me the costs… and hear NOTHING until almost end of october… in spite of attempts to check in on the progress because no inspections were listed and no one who we lined up were getting responses.

Place gets a new tenant signed on around the 18th of october. No notice at all from them about this, I found out through a google search of the records.

So when he finally gets a response. Its basically a 3.2k bill… he asks for an itemised list, they refuse after 6 requests for a copy of the receipts and say they will go through sacat.

So that's where we are at and we have our itemised list and their evidence… They claim his lease ended 18th of october - provide the invoices for repairs and cleaning/gardening carried out 8th and 18th of october (technically within his lease according to them)..

The damage? The things we had repeatedly stated was there prior…

The outgoing inspection report - the old agents with my comments and report completely missing and no signatures or dates at all.

The cleaning? Dust…behind the doors and on shelves and leaves in the from the place sitting there for over a month.

Professional carpet cleaning… I steam cleaned the carpets… they knew this as I submitted a maintenance request after as it brought up the old tenants cat urine smell… white mark on the carpet from cleaning solution that didn't come all the way out…

They repainted the whole house…

"Freshen up clean and detailing benches".. the ones I scrubbed

Claiming damages in bedroom cupboards that don't exist in that room…

The gardening took place on the 18th…

He was given no opportunity to remedy any issue and was unable to anyway due to handing back keys as they would not advertise until they had keys back…

What on earth…

Residential tenancy act says leases are treated as contracts. Contract law provides that only signatories of a contract are able to enforce it regardless of the interested parties.

Housing bond was also housing SA and they have not been included in the sacat claim.

I dunno what really to do, owner is interstate and it was transfered from SA to NSW back to SA and we are having trouble getting access to the file to submit anything.

Unsure of our rights and waiting on a call from reisa. But my god.. why are agents getting away with this dogdy stuff?

Home & Garden

Comments

  • MS Paint on 21/01/2022 - 13:28
    +59

    tl;dr

    • jellykingdom on 21/01/2022 - 13:59
      +38

      I literally have no idea what is happening in this story

      • AdosHouse on 21/01/2022 - 15:45
        +20

        I read a third of the story before giving up and I still don't know if OP is the landlord,tenant, partner or the landlord, or partner of the tenant.

      • Frustratedtenant on 21/01/2022 - 20:03
        -1

        Sorry! Legit just a dodgy landlord going for bond + costs for basically full renovation on house for stuff my partner didnt do.

        • Kangal on 23/01/2022 - 00:20
          +1

          With the disarray in your Opening Post, you know most people are going to believe that there is disarray in your life. And that usually means a house unkept, which requires fixing up, and costs.

          There's a strong proclivity to side with the landlord on this one.

      • sk3iron on 22/01/2022 - 22:52

        Rant

    • Baysew on 21/01/2022 - 15:05

      Unsure of our rights and waiting on a call from reisa.

    • SF3 on 21/01/2022 - 16:05

      So much for TGIF…

      Going to be mondayitis for the OP.

      What on earth…

      Indeed…

    • funnysht on 22/01/2022 - 23:18
      +1

      Needs a tldr for the tldr

  • djkelly69 on 21/01/2022 - 13:28
    +20

    Thank you for joining OzRants, a team member will be with you shortly.

    djkelly69 on 21/01/2022 - 13:28 (Collapsed - Offtopic. Show)
    • iNeed2Pee on 21/01/2022 - 13:33

      "You are No.2 in the queue"

      • SF3 on 21/01/2022 - 16:06

        Current wait time in the queue is 23 hours and 59 mins.

    • HairyChickens on 21/01/2022 - 13:43
      +6

      Obligatory member since 1 hour 37 min ago

      Extra brownie points for the username

      • SF3 on 21/01/2022 - 16:13

        Dodgy

        Usually a correlation with age of account and Title/Description of post.

  • Belgarath on 21/01/2022 - 13:44
    +1

    OP needs a diary.

  • bloom on 21/01/2022 - 13:56
    +7

    You got this story on paperback?

    • Jimothy Wongingtons on 21/01/2022 - 14:31
      +6

      available on amazon audiobook format, narrated by William Shatner

    • Frustratedtenant on 21/01/2022 - 20:08

      Coming to a store near you ;)

  • mini2 on 21/01/2022 - 13:59
    +3

    You're better off talking to your state's tenancy advocate for advice not OzB.

    • Frustratedtenant on 21/01/2022 - 20:12
      -1

      I did that after they finally called me back, was more looking for if people have dealt with this before.

      • Kangal on 23/01/2022 - 00:23
        +1

        Wait, so after the explanation above your State's Tenancy Advocate said… "just as OzBargain" ?

  • Hithere on 21/01/2022 - 14:00
    +10

    TL;DR

    How about posting again OP without all the BS and unnecessary padding.

    We don't get paid by the word to read rants here.

    • Frustratedtenant on 21/01/2022 - 20:25
      -1

      Hmm maybe.

      Not being sure of what is relevant

  • raptormesh on 21/01/2022 - 14:06
    +16

    I literally couldn't follow the story. Who are you even in this…epic? The tenant? The owner? The narrator??!?

    • Jimothy Wongingtons on 21/01/2022 - 14:33
      +3

      the narrator

      '…No u/raptormesh, they weren't all Happy Days. Like the time Pinky Tuscadero crashed her motorcycle, or the night I lost all my money to those card sharks and my dad, Tom Bosley, had to get it back.'

    • Frustratedtenant on 21/01/2022 - 20:09

      Tennant's partner

  • Broke-Ken on 21/01/2022 - 14:25
    +5

    …as we works in the mines.

    Off topic, but do you guys have trouble buying cars online? do a lot of people just ignore your messages?

    Broke-Ken on 21/01/2022 - 14:25 (Collapsed - Offtopic. Show)
    • Frustratedtenant on 21/01/2022 - 20:11
      -1

      No, sorry I don't usually post in forums. Did not realise this was going to be "too long" for people. I to my downfall just naturally include a lot of detail.

  • Seraphin7 on 21/01/2022 - 14:45
    +3

    Your ideas are intriguing to me and i wish to subscribe to your newsletter.

  • mskeggs on 21/01/2022 - 14:49
    +5

    OP, you should try and write a summary of the facts, very briefly. It will help when you go to SACAT.
    I also suggest you talk to the residential tenants association or similar

    It sounds like you had an agent who was a bit sloppy, but no real problem till they sent you a big bill after you left. You should probably challenge the parts of that bill that are unreasonable (repair costs?) as a priority, rather than mixing up lots of other things like soap suds on benches and a few dried leaves, that don't really make a difference.

    • spackbace on 21/01/2022 - 15:04
      +2

      till they sent you a big bill after you left.

      Considering the story started with OP getting added to the lease, I'm surprised that's where it ended lol (didn't read the whole thing)

      OP should be writing fan fiction.

      Can you imagine the emails they've sent to the REA if this is how they explain on a forum?!

      • compacc on 21/01/2022 - 15:43

        Considering the story started with OP getting added to the lease, I'm surprised that's where it ended lol

        you mean the part where the owner declined adding them to the lease but they moved in anyway?

        • Frustratedtenant on 21/01/2022 - 20:15

          They declined based on me having kids - it goes against the RTA to do that. The issue was communication. And i had no choice tbh :/ they said I could be there just refused to add me to the lease or provide one with their business on it.

          • Jaspa7 on 22/01/2022 - 21:42

            @Frustratedtenant: How could they? Doesn't the RTA stand for anything anymore?? but i guess they're going the way of the ZXY, and does anyone have a choice really.. but my friend was there and he likes leasing too, except on Sundays when other business do it because his sister has kids. (His uncle is a farmer)

            Do you see how you come across and why I'd rather not read anything further?

            • Skinnerr on 23/01/2022 - 12:47

              @Jaspa7:

              Do you see how you come across and why I'd rather not read anything further?

              So don't read it? No one is forcing you to.

  • admira on 21/01/2022 - 14:58
    +3

    "why are agents getting away with this dodgy stuff?"

    Yeah they will all try it on and moving from one agency to another is a nightmare in my experience. We were with one small local agency that got bought out by a big one - when we moved in we took photos of how filthy it was and sent to the previous real estate, thankfully we kept those photos and emails because when we moved out, the new agency wanted us to pay cleaning costs, painting costs etc … I fwded the original email I had with photos of how it was when we moved in and never heard back from them after that.

    • Frustratedtenant on 21/01/2022 - 20:17
      +2

      I have just obtained copies of the photos finally and the place was worse before than when it was handed back.. but the repairs and damages are in them so thats a bonus.

    • sk3iron on 22/01/2022 - 22:56

      If OP sent emails to agent in the same unnecessary tone and length, agent wasnt being sloppy, they'd likely just had enough.

  • dizzle on 21/01/2022 - 15:04
    +5

    Can't explain why they are getting away with it, but just a couple of notes.

    (I was not on the lease but act as his representative as we works in the mines.)
    Contract law provides that only signatories of a contract are able to enforce it regardless of the interested parties.

    Do you have power of attorney, or a previous arrangement with the agent that you can act on his behalf. Otherwise I beleive they are correct.

    No new ingoing inspection, no new lease signed with the new agency and no confirmation of bond being transferred over.

    The lease is between you and the owner, the documentation will only say they are acting on behalf of the owner. So if the owner changes property managers they don't need a new lease, and from what I can see the bond is the same. As it's the same lease, they carry on with the original ingoing inspection report.

    Then they offer a lease extension… no new lease, no new paperwork to show they hold the lease now, just 1 lease extension offer page (1yr) and a rental increase of $29. Original lease has no provision to increase rent at all… fyi it is a fixed term.

    In most cases the extension acts like another 12 month fixed lease without the need for extra paperwork. So once the 1st fixed term is up, they can increase the rent.

    He only extended it due to the rental market and not securing a new place yet, they were aware well in advance he was looking for a new place for us all.

    Doesn't matter if they were aware, he signed a 12 month extension. Trying to get out of that 3 months later is a breach. You're probably lucky the reference didn't include "Leaving 3 months into a 12 month lease".

    As for the rest, you're probably right to be aggrieved.
    I'd double check with the tenancy for your state, but I'm pretty sure that once you have handed the keys back (even if you are in breach of breaking the lease), they are responsible for upkeep. Yes you have to keep paying the rent, but that should be all.

    • Frustratedtenant on 21/01/2022 - 20:20
      +1

      So I am his rep in the tenancy tribunal because He* works in the mines.

      Thank for the clarification on the contract stuff - I was not sure.

      Rent was being paid, they are charging him an extra months worth claiming he owes it (I checked the ledger he doesnt)

      And the upkeep - that is what I thought as well.

      Thank you!

  • dylo on 21/01/2022 - 15:23
    +9

    I didn't get past "No welcome pack, just a letter" lol

    • WaterMark on 22/01/2022 - 21:48
      +2

      are we talking about a folder with instructions? Or you talking about fruit and wine welcome basket? It’s a rental. What more is there to expect?

  • Drakesy on 21/01/2022 - 15:59
    +1

    2 sides to every story…

    Also for future reference using having kids as an excuse is not a good look.
    Although it sounds like another useless property manager, surely you did an exit inspection with them - this is a must?

    • cookie2 on 21/01/2022 - 17:31
      +3

      I have never known an agent to do an exit inspection with the tenant present. Within 3 or 5 days is the requirement from memory tho so cannot include stuff due to months passing (dust, leaves, weeds overgrown). Go to court. It takes time and a bit of organising but you'll feel great afterwards.

    • Frustratedtenant on 21/01/2022 - 20:22

      They refused to do it with us but did it within half an hour after we left. Problem is they printed out a whole new one and left out all ingoing and outgoing comments, dates etc

  • AndyC1 on 21/01/2022 - 16:04

    Welcome to OZ rant newbie. Good luck with your war.

  • tonyjzx on 21/01/2022 - 16:05
    +5

    are you dealing with a agent in australia?

    then yes, you're dealing with a dodgy agent.

    • OzzyOzbourne on 23/01/2022 - 13:00

      Correct, it's not whether they are dodgy, but how dodgy they are!

  • compacc on 21/01/2022 - 16:17
    +1

    my partner has no photos from the previous agent. Not sure how to actually obtain them but there's over 300.

    AFAIK it's your responsibility to have saved the copy of those. If you don't have them, chances are the landlord/agent won't give them to you.

    The outgoing inspection report - the old agents with my comments and report completely missing and no signatures or dates at all.

    Again, this is only AFAIK as it's the process in WA but the property condition reports don't need your signature/comments. Again, that's up to you to keep a copy of. Landlord provides you two copies, you have the opportunity to complete and return but it's valid without.

    • Frustratedtenant on 21/01/2022 - 20:23
      +1

      Have photos now!

      I have a copy or the ingoing, not outgoing but still remember what I wrote… and they used a new one omitting ingoing and outgoing tennant comments

      • cookie2 on 21/01/2022 - 22:01
        +1

        Honestly court all the way. Represent yourself and go prepared with facts.

      • randomusername2017 on 22/01/2022 - 10:29

        Should post the 300 photos too…

  • randomusername2017 on 21/01/2022 - 20:05

    One post wonder.. might as well make it a good one..

    Quantity>Quality

    • Frustratedtenant on 21/01/2022 - 20:24

      Sorry! I was not sure what was relevant.

      • esosite on 22/01/2022 - 00:08
        +1

        better to mindlessly rant to the bitter end less us miss some vital piece of information.

  • OzHunterNSW on 22/01/2022 - 12:06

    Can you come back tomorrow with a revised description of what is wrong.
    Maybe try and condense it into no more that 20,000 words

  • jackspratt on 22/01/2022 - 15:52

    Hmmm…… seems a number of OzBargainers feel they were compelled to read the entire post, and were unable to quit part of the way through.

    The clue was in MS Paint's very first response to the thread.

  • bobbified on 22/01/2022 - 16:27
    +1

    So… what are you complaining about? 🤔

  • cashless on 22/01/2022 - 20:42
    +1

    OP is an author?
    makes note not to read any more rambling nonsense

  • KaTst3R on 22/01/2022 - 21:25
    +2

    This is one of the longest write up I have seen on Ozbargain. Next time we should structure threads. Section 1: TLDR, Section 2: Exec Summary, Section 3: Full write up.

  • kiwimex on 22/01/2022 - 23:29
    +2

    Im surprised you didn't run out of data before you finished this rant.

  • McFly on 23/01/2022 - 00:31
    +1

    Tolkien's an amateur compared to OP!

  • Dpkmax on 23/01/2022 - 01:45

    Sorry OP could complete reading as i got lost as i was following what you have written

  • dono2 on 23/01/2022 - 08:16
    +1

    I got bored after the first sentence sorry

  • herecomestheoost on 23/01/2022 - 08:31
    +1

    Sounds like the agent and or landlord want to do some maintenance and they want your partner to help pay for it.

    If you're story is accurate it sounds like you have enough evidence to support your claims against theirs (fyi I believe you)

    Let them take it to the tribunal.

  • Zephyrus on 23/01/2022 - 09:27

    Date all communication in order and write it down. Don't add ranty opinion, just write down the communication.

    Get what they're claiming. Write a response for each one with evidence. The less you write, the better and stick to the facts.

    You got to SACAT, the agent makes a claim, you have the response right there. Don't get emotional, stay factual.

    Also don't mention any of this x/y being on the lease/not on the lease or any of this lease extension stuff, that's not important at all. You just have to respond to what they claim any thing else is a disctraction.

  • Mrgreenz on 23/01/2022 - 09:56

    So the lease was for 1 person (your partener) to libe there, but for a period there were 5 people living there? Yourself, partener and 3 kids?

    You firstly need to find some (if any) common ground and settle amicably.

    If not this is a job for the tribunal to sort out.

    Apply to tribunal, and get all your evidence together.

  • THICKnSLOW on 23/01/2022 - 10:59

    Joins a forum and vents, thread gains traction when bugger all bargains posted

  • randomthought on 23/01/2022 - 11:06

    The agent could not be dodgy as such, just lazy and incompentent, there's a lot of it around. Did you say you're in SA? If so just take it to the residental tenancies tribunal (SACAT), fortunately for you in SA (compared to eg. NSW) the system heavily leans in favour of tenants so it will up to the agent to prove all these things.

  • Narull on 23/01/2022 - 12:56
    +1

    "No welcome pack" - Who the hell expects a welcome pack from a real estate? Mate you're living in a dream world.

    • dizzle on 23/01/2022 - 14:07

      It's normally a folder with who to contact at the RE, any emergency trades (like plumbers) etc. Not really essential especially if they are replaceing another RE.

  • OzzyOzbourne on 23/01/2022 - 12:58

    Yes….errr…I mean no….or maybe….one of those anyway

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