Property manager problem

Question from Glenn updated on 1st April 2014:

I have a property manager looking after my rental property I have asked for three monthly inspections to be done but in the last two years they have failed to do this and haven’t emailed me reports. I have asked for all the inspection reports and have found that they were inspecting the property only every six or seven months. In the reports it shows some damage that needs to be repaired (door handles broken, outside vent cover broken and curtain rail brackets pulled out of the wall). I have also asked for a copy of the agreement that I signed when I first started with the property manager and to my surprise they say they don’t have my agreement on file. What is the law with this please? Can they still take money out of the rent for commission?

Our expert Juliet Robinson responded:

It appears that you had an agreement with your property manager at the start (written or verbal, it’s still an agreement). I presume that under the agreement your property manager was required to carry out inspections in a specific frequency. If the property manager has not adhered to the agreement, you should challenge them about the failure to perform their duties. See what they say. Do you have a copy of the agreement that you signed? If you don’t and the property manager doesn’t have a copy, then you have two options (depending on your satisfaction with the overall service). First, you can enter a new management agreement that spells out in detail the tasks that the property manager will carry out or second, you can terminate the management and find a property manager who can give you the confidence that you’re looking for.

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