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  1. #1
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    Default Real estate agents.. Help!

    Long story, sorry.,,

    Wondering if there is such a thing as a minimum set level of standards that a tenant must adhere to for approved, scheduled inspections.

    We have had a few tenant troubles of late. Anyways today was their scheduled inspection, which I went along to (as I am entitled to do, and advised the agent 3 weeks ago that I'd be joining him).

    The tenant was home during the inspection, and refused to give us access to the spare bedroom, stating that his aunt was asleep in there (his aunt is not listed on the lease, but she *may* be visiting).

    After 5 minutes he agreed to give us access to the room, but that he'd have to go talk to his aunt because he didn't want us to wake her!! (This was 2pm this arvo!). So he went into the room, locked the door behind him, we waited in the hallway. There was no noise/voices at all. When he came out, the room was pitch black, and there may/may not have been someone in the bed - there was definitely something in the bed - but whether it was a bunch of pillows or a human (lol) was impossible to see. There were boxes stacked around so I couldn't really gain access to walk around to check if there really was someone in there. (Fwiw I suspect they have a cat and the cat was hidden in the room, long story but I'm almost sure this is the case).

    Anyways other then that, the house was pretty unkept, gardens not maintained at all (got another excuse for that as well).

    So above all, I'm just wondering whether there is a minimum set of rules that apply for how they need to prepare the property for an inspection.

    I have been a tenant too (6 months ago) and we had a list of expectations emailed to us to tell us what we were required to do.

    I'm very unhappy at the state of the property and I just want to know what my rights are.

    I have googled but can only find tenants rights, not landlords rights.

    Pls don't quote I will delete later.

    TIA

  2. #2
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    Have you spoken to your real estate agent?

  3. #3
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    What state are you in?

    We always send out a list of what we expect to be done with the notice to inspect letter.

    If the house isn't 'reasonably clean' and the gardens are not being maintained( or any other breach of a lease clause such as damage, unapproved animals or tenants) we will send a 14 remedy to breach and will re inspect once the breach has expired.

    For some things we will send a letter with a list of specifically what we need completed for the next inspection ( for things less serious) the decisions are always made with Owner input though.

    Contact your agent to discuss what you feel is breachable and send a breach, it's up to the agent to manage this for you. If the tenant doesn't start maintaining the property to the expected standard you need to get rid of him.

  4. #4
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    Quote Originally Posted by Mokeybear View Post
    What state are you in?

    We always send out a list of what we expect to be done with the notice to inspect letter.

    If the house isn't 'reasonably clean' and the gardens are not being maintained( or any other breach of a lease clause such as damage, unapproved animals or tenants) we will send a 14 remedy to breach and will re inspect once the breach has expired.

    For some things we will send a letter with a list of specifically what we need completed for the next inspection ( for things less serious) the decisions are always made with Owner input though.

    Contact your agent to discuss what you feel is breachable and send a breach, it's up to the agent to manage this for you. If the tenant doesn't start maintaining the property to the expected standard you need to get rid of him.
    Nsw

    The agent was there with me. She was quite blasé about the state of the property but was very taken aback by not being given access to the bedroom.

    Re the state of gardens, agents exact words were 'you've got to pick your battles' (referring to the hassles we've had with them thus far).

  5. #5
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    Default Real estate agents.. Help!

    Quote Originally Posted by Mokeybear View Post
    What state are you in?

    We always send out a list of what we expect to be done with the notice to inspect letter.

    If the house isn't 'reasonably clean' and the gardens are not being maintained( or any other breach of a lease clause such as damage, unapproved animals or tenants) we will send a 14 remedy to breach and will re inspect once the breach has expired.

    For some things we will send a letter with a list of specifically what we need completed for the next inspection ( for things less serious) the decisions are always made with Owner input though.

    Contact your agent to discuss what you feel is breachable and send a breach, it's up to the agent to manage this for you. If the tenant doesn't start maintaining the property to the expected standard you need to get rid of him.
    Also, what would be considered 'reasonably clean' to you?

    When we were renting last year, the list we got from the agent included laundry/clothing being put away, dishes washed, floors clean, no dust , no fingerprints on light switches (seriously!), ceiling fans clear of dust etc etc.

    The house today wasn't tidy to me. There was ironing out incl ironing board, backpacks not packed away/put aside, dust and bits of grass on the floor.

    I am not trying to nitpic but I am very upset over his behaviour in regards to not allowing me access to the bedroom. I know he is hiding something. Fwiw I don't think it's anything illegal, I just think it's the cat.

    And if I mention the cat, do I need to have proof that I saw it? (I actually did see it but it's another long story, wrote it in a post a few weeks back). Can we just say that 'someone has noticed that you may have a pet inside the property, prove that you don't' (or that sort of thing).
    Last edited by misho; 04-04-2016 at 22:58.

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    Mokeybear  (04-04-2016)

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    I've always been taught that it's up to the agent to educate and teach tenants how to be good tenants ( also to educate Owners to be good Owners) it's easy to look the other way, it requires less work, but at the end of the day it's your expensive investment property and it sounds like your tenant is failing to maintain the property to the standard of his lease obligations. It's the agents job to manage him on your behalf.

    I would email the agent politely but firmly and spell out your disappointment with the inspection and what actions you expect to be carried out, if you are not satisfied with the response speak to the licensee.

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    Californication  (05-04-2016),misho  (05-04-2016)

  9. #7
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    Quote Originally Posted by Mokeybear View Post
    I've always been taught that it's up to the agent to educate and teach tenants how to be good tenants ( also to educate Owners to be good Owners) it's easy to look the other way, it requires less work, but at the end of the day it's your expensive investment property and it sounds like your tenant is failing to maintain the property to the standard of his lease obligations. It's the agents job to manage him on your behalf.

    I would email the agent politely but firmly and spell out your disappointment with the inspection and what actions you expect to be carried out, if you are not satisfied with the response speak to the licensee.
    Thanks, appreciate the info. Email coming tomorrow.

    If anyone else has at further tips if be happy to hear them.

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    Default Real estate agents.. Help!

    Quote Originally Posted by misho View Post
    Also, what would be considered 'reasonably clean' to you?

    When we were renting last year, the list we got from the agent included laundry/clothing being put away, dishes washed, floors clean, no dust , no fingerprints on light switches (seriously!), ceiling fans clear of dust etc etc.

    The house today wasn't tidy to me. There was ironing out incl ironing board, backpacks not packed away/put aside, dust and bits of grass on the floor.

    I am not trying to nitpic but I am very upset over his behaviour in regards to not allowing me access to the bedroom. I know he is hiding something. Fwiw I don't think it's anything illegal, I just think it's the cat.

    And if I mention the cat, do I need to have proof that I saw it? (I actually did see it but it's another long story, wrote it in a post a few weeks back). Can we just say that 'someone has noticed that you may have a pet inside the property, prove that you don't' (or that sort of thing).
    It sounds reasonable clean, if there are belongings laying around that's ok they are not damaging anything.
    What about the gardens?

    He probably has got a cat but welcome to the world of trying to prove it, it's not like you can hook him up to a lie detector and grill him, I would have been looking for cat hair, animal dishes, cat toys that sort of thing. We would have insisted on inspecting the room but then again if it means you need to physically force yourself into the room, nobody is going to do that either.

    I would think about not renewing his lease.

  11. #9
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    Quote Originally Posted by Mokeybear View Post
    It sounds reasonable clean, if there are belongings laying around that's ok they are not damaging anything.
    What about the gardens?

    He probably has got a cat but welcome to the world of trying to prove it, it's not like you can hook him up to a lie detector and grill him, I would have been looking for cat hair, animal dishes, cat toys that sort of thing. We would have insisted on inspecting the room but then again if it means you need to physically force yourself into the room, nobody is going to do that either.

    I would think about not renewing his lease.
    The gardens are very much overgrown. It's obvious that they haven't mowed the lawns since they moved in 3 months ago.

    At this stage, no, we will not be renewing the lease.

    Shame, because we had great tenants last year. Unfortunately they separated and both left the house.

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    Unfortunately there is no minimum standard as the tenancy act states the home is to be kept in a "reasonable" condition and everyone's opinion of reasonable will vary

    Your agent should send a checklist to your tenant with the inspection letter basically stating the lawns and grounds should be maintained, the home should be clean and tidy, carpets/floors clean, bathrooms, kitchen and appliances clean, blinds , walls and clean etc

    They are allowed to have general mess so ironing boards and bags not packed away is fine but a dirty house and unkempt yard is not and under no circumstances are rooms off limits as our job is to inspect all rooms and yes red flags would go up immediately if access was not granted ( they could be hiding damage or pets or people not on the lease!)

    The agent should now send a formal letter stating what needs to be cleaned and that full access is to be granted to that bedroom as we were unable to properly inspect it ( I would have asked to come back later that day when the "aunt " was awake as legally it's still inspection day and no further notice needs to be given)

    Did the agent take photos? This is very important as they can be used as proof of the condition of the home if you ever go to tribunal

    A time limit should be given ( usually 2 weeks) and add a clause reiterating that pets are not allowed and if found to be on the property will result in termination of the lease agreement

    To be honest if it's your first inspection and the tenants are like this it's not a good sign and I would be recommending if they are the same during the 2nd inspection not to renew their lease and terminate them as the longer they are in your home the worse the maintenance issues will get , plus it might be time to find a new agent!

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