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I have a rental property. The tenant has passed away. My real estate took it upon themselves to clear out the rubbish the tenant had left and cleaning the back yard without my knowledge. After 8 weeks I find out I owe tradies $2300. Why was I not shown or told of the mess by the AGENT and allowed to inspect for myself? Are the Agents trying to hide something. What are my rights as a landlord?
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Hi Suzanne,
I'm not an agent but have owned a few properties in my time which have been rented. There would be a clause in the agreement with your agent that allows them to spend up to a certain specified amount on emergency repairs without consulting you. This amount might be say $500 and would be for things like plumbing or electrical emergencies, etc. However, for the agent to spend $2,300 without consulting you is wrong. If the tenant has left this mess, then it's the tenant's responsibility to pay to have it cleaned up. This is what the tenant pays a Bond for. I hope the agent hasn't given the tenant the Bond back because the majority of the cost should come out of this money. Regardless of this, I believe your agent has exceeded their authority in this case and should have consulted you first. If there is any additional cost, I think it's the agent's responsibility. In my opinion, even though you own the property, you can't be liable for the cost if you haven't given your prior approval. Needless to say, you won't be using that agent to rent the property out again!
Cheers,
Michael Budge
Bayside Finance Group
M 0418 54 7337
E michael@baysidefinance.com.au
Thank you for your response.
The person I think may have given authority to clean out the house may have been the tenants sister. Family members of mine remember the agent saying she came out to grab a few belongings. The agent did say she was going to pay once the money came through. It might be the case that has fallen through and they are trying to get me to go through my insurance. The bond is only $560 which I originally thought it was to cover the smoke damage left throughout the house. One thing I might add is that they were good tenants for over 25 years. The mother passed away in 2011 which I only found out after the passing of her son who was living with her. Your comment has helped me thank you again.
