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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38438
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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breach order

Resolved Question:

My Property manager has recently issued me with a Notice of Breach of agreement. The breach was issued for the following reasons: The tenant shall not keep any animal or bird or fish in or about the premises without prior permission from the owner.


I dont own a dog. My Property manager has completed a scheduled inspection of the place, gone through my pantry and found a lead, some dog treats and a dog toy. Is she really allowed to go through my pantry? how do I know she isnt going through my other personal possessions? Am I allowed to be present for all future inspections? My mother and best friend all have dogs, thats why the dog items are here. Sometimes we take their dogs for walks at the beach(i live 10min from the beach)or down at the park. I live alone so I enjoy the company of my friends and family. I am an extremely respectful person and would not do anything to  damage this house, the property manager would be able to tell that I am a neat and tidy tenant because no other issues came up after the inspection. I am yet to contact her about the breach order. She has given me 14 days to "remedy the breach"


If the property manager wants to come over every day for the next 7 months of my tenancy she can, just to prove to her that I do not own a dog! My friends/parents dogs are never here overnight. She would have noticed that, by seeing no dog food anywhere, including in the pantry!


This real estate company is very pushy, I have a young property manager and I beleive she is overzealous. She has previously accused me of paying my rent late. My rent is always on time or early. My most recent rent inspection was completed 3 weeks shy of 3 months, which I believe is too frequent. I am fine with once every 3 months but I feel like they are harassing me. I will now be bringing this up with them, I havent brought it up the past to keep the peace.


I also feel that they have been misleading. When I moved in here the aircon was faulty, something which the property manager neglected to tell me. They were previously aware of the problem and I have this in an e mail as proof. The aircon started to leak profusely one day and I was not allowed to switch it on in the heat of summer. The property manager took her time in dealing with the problem and soon my aircon was leaking into my roof cavity(I have photos) I thought the roof might actually cave in if it got any worse. Finally my real estate company called the aircon technicians who repeatedly did not show up. The problem took forever to get fixed and my real estate company did very little to help solve the problem.


Basically I feel like I would like a more experienced property manager, Stacey the first lady I dealt with was great, she is a more experienced member of their team. She helped me complete all my paperwork, she was very thorough and genuine. Then I was swapped to a younger property manager whom I was told was too inexperienced to deal with her new portfolio of properties. I was then swapped to another young lady- This is who I am dealing with at the moment.


1. I would like my real estate company to retract the breach order.


2. I would like a more experienced property manager. If these two issues are not addressed I would like to make a formal complaint to consumer protection. What are youre thoughts? There are a few other issues that I do not have time to go into, but where my I feel my property manager is not performing how she should. I will include these in my formal complaint.


 

Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.


Why was she in your property without you present?


Customer: replied 1 year ago.

She was completing a scheduled rent inspection-i wrote that in my question section already?


It is important that I get this matter sorted-please help.


 

Customer: replied 1 year ago.

When my property manager comes to do an inspection the real estate company gives me notice that it will be on a particular day and the time frame is 830am until 5pm. In future I would like to schedule an exact time so that I can be home on that day-I dont like the idea that she has gone through my pantry and I am unsure if she is going through my other cupboards. As mentioned she did the last inspection 3 weeks shy of 3 months. I feel this is too frequent. Every 3 months seems reasonable to me. As mentioned i feel that they are not performing in both of our best interest.


I have already written my other concerns in the section above-thank you for youre time.

Expert:  Leon replied 1 year ago.
Good Evening

She should not be inspecting without you being present and giving you notice.

Have you disputed the notice with her?

If not you have to and then file an application with the department of commerce disputing it.

Having dog food does not mean you have a dong and if you can explain why you have the items and evidence that you do not have a dog you can seek costs form the agent.

You have to advise her that you dispute it and see if you can resolve it if not then you have to go to court.

http://www.commerce.wa.gov.au/consumerprotection/content/Property_renting/Renting_and_tenancy/Landlords/Going_to_court/index.htm

Have you notified her that you dispute the Notice?
Customer: replied 1 year ago.

I have not notified her as of yet-I am about to send her an e mail.


 

Expert:  Leon replied 1 year ago.
Good Morning

You need to contact her and go through your concerns and advise you dispute the Notice.

Is there anything else I can assist you with?
Customer: replied 1 year ago.
I have e mailed her my concerns. There is nothing more you coukd help me with at this time-Thank you for you're help.
Expert:  Leon replied 1 year ago.
Good Afternoon,

You're very welcome and I'm happy to be available to assist.

If she refuses to respond does not act reasonably then your next step is to take it further and file an application with the appropriate tribunal.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38438
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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