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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am in WA. I have two homes ($650k each) with a rental

Customer Question

I am in WA. I have two homes ($650k each) with a rental management company, after having very long discussions with them about how i needed good strong management. One home sat vacant for a full six months, before they selected a tennant I had strong reservations about. The home has been totally neglected now for 6 months of a 12 month lease. Every time I request the agency sort the problems they quote me 'tenants rights' and refuse to act on my behalf. Now the tenant wants to just break the lease, I have not agreed. As i push for the home to be repaired etc, the agency has just quit as my agent on the property, obviously too hard for them.
My question; can i pursue the management company in the courts for miss-management of my property and dereliction of their professional duties?
Thanks in advance,
Brenton Davis (###) ###-####
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Afternoon.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Do you have a copy of the agreement you have signed with them and can you find clauses that you can point to that they have breached and sue them for the breach and seek compensation.

Customer: replied 3 months ago.
It is a standard REIWA (real estate institute of WA) management agreement. My question is can they just walk away from their professional management commitments, leaving my home a disaster and the tenant free to walk away, when things get a little hard? This is the very reason I employed an agent, to avoid this type of stress...
Expert:  Leon replied 3 months ago.

Good Evening.

They have to comply with the agreement.

If they have breached the agreement and failed in their management causing you losses you can sue.

But you have to look at the details in the agreement and what your rights are. If you are not sure and can email me the agreement I can look at it for you.

The email is***@******.***

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