Property manager termination

Question from Kuna updated on 12th November 2018:

My property manager failed to provide a signed tenancy contract. I have notified them but they still fail to remedy it. The property manager agreed to terminate their management agreement due to their failure in the management agreement clause. But I still haven't received the tenancy contract, so I don't have the tenants details to communicate them about the termination of property management.

I wonder if the property manager needs to hand over the tenancy to me in law - and do things such as informing tenants to make payment to my bank account, transferring bond under my name, giving all papers they keep? I afraid that the tenants will keep paying rent through the management company and that I will still be charged for their unprofessional services.

I'm also concerned that I'll need to handle a mess handed over by the manager.

Our expert Bernard Parker responded:

It seems that your property manager doesn’t accept that their contract has been terminated. You said have the agreement of the company to hand management back to you, but they have not fulfilled the handover. There may be a misunderstanding. You need to be clear in your communication with the management company to ensure that (a) you are entitled to end your management contract, and (b) your management company accepts that termination. If you cannot resolve your differences you may like to apply to the Disputes Tribunal for resolution of a dispute.

Bernard is principal of Quinovic – Kapiti-Mana. Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 30 years.

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