TAS Landlord advice re management by an agent

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Amc40

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25 May 2018
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I am a landlord and have an agent managing my property. The agent has just authorised spending over $2k on a new hot water cylinder without notifying me.
Is this legal?
 

Rob Legat - SBPL

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Without a detailed knowledge of Tasmanian residential tenancies law, I would guess 'yes'.

Hot water systems are considered an essential service, and their repair would qualify as an emergency. Landlords/agents must have essential services restored as soon as practicable after being alerted to the issue.

If the agent didn't do it in a reasonable time, the tenant could have arranged it and sought reimbursement.
 

Tim W

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  1. Agents work for owners. Often, they forget that.
    That said, what you are paying for is somebody to make The Decisions for you,
    and to make them happen.

  2. An agreement to manage a property can be in general terms, or be highly specific.
    Landlords often forget to be specific (such as "Call me if the quote is above $X" or
    "Use this tradie, but not that one.")

    Now may be a good time to check the wording of your agency agreement carefully,
    because it may give the agent more authority than you thought to act on your behalf
    (and maybe more authority that you'd like).

    Your agent might be acting in good faith, in the absence of instructions (from you) that are more specific.

  3. The most effective way to control insubordinate real estate agents is
    to talk to them in their own language, that is, money.
    But if the agent's language and manner is not to your liking, then give some thought to taking your business elsewhere.
 

Amc40

Member
25 May 2018
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Without a detailed knowledge of Tasmanian residential tenancies law, I would guess 'yes'.

Hot water systems are considered an essential service, and their repair would qualify as an emergency. Landlords/agents must have essential services restored as soon as practicable after being alerted to the issue.

If the agent didn't do it in a reasonable time, the tenant could have arranged it and sought reimbursement.



Surely the agent should have contacted me to let me know it had happened though?
They literally just sent me the bill. No explaination. No phone call
Or email or ‘do you have a preference plumber?’ This also came after I was assured (sadly only verbally) a few months ago that the hot water cyclinder was in good condition.
 

Rod

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Surely the agent should have contacted me to let me know it had happened though?

You are mixing poor business practice with what is legal.

I'd be asking for and receiving a good explanation, plus plumber's report, or looking for a new agent.
 

Amc40

Member
25 May 2018
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Surely the agent should have contacted me to let me know it had happened though?
They literally just sent me the bill. No explaination. No phone call
Or email or ‘do you have a preference plumber?’ This also came after I was assured (sadly only verbally) a few months ago that the hot water cyclinder was in good condition.
Ok. So what they have done is legal? Just not ethical? Ok well that’s annoying.
Even if it sctually wasnt an emergency? The situation was the plumber went in to fix a leaky toilet and advised that the hot water cyclinder really did need replacing. To me that doesn’t constitute emergency.
Don’t get me wrong. I’m happy to replace it if needed but we shocked to just receive an invoice for work already done with no knowledge of it happening.
The invoice was also very high. 2x what I have paid previously for hot water cyclinder sun much larger houses.
 

Rod

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If there was no call out by the tenant to fix the hot water then the agent may well have exceeded their authority. And as you say the price is high.

Begs the question as to whether the agent received any kickbacks.

The plumber will need to be paid, just a question now as to whether you or the agent pays, with you possibly claiming back from the agent.

Look to see what your agent agreement allows.
 

Tim W

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