23 Setpember 2020
By Peter Moran
Professional negligence claims against property managers for rent default and debt recovery are becoming more common. Here are some examples of real-life claims.
Passing a management on to another property manager can be tricky, as a recent District Court case highlights.
The outgoing property manager secured a tenant for a high-end residential property. Immediately before the lease was signed, the landlord instructed the outgoing property manager to pass the files onto another property manager. The outgoing property manager did as instructed.
The incoming property manager was informed by the landlord that money had been paid by the tenant to the outgoing property manager for the bond and first month’s rent. The tenant went on to default on their rent numerous times and was evicted. However, the landlord’s judgment for recovery of unpaid rent was not able to be enforced.
The landlord made a claim against the outgoing property manager alleging they had failed to carry out appropriate pre-lease investigations in relation to the prospective tenant. The landlord also claimed that the outgoing property manager had failed to advise of the non-payment of the bond and first month’s rent.
A commercial landlord asserted that the property manager was obliged to pursue a former tenant for CPI rent increases, proportionate outgoings, proportionate land tax and ‘make good’ expenses.
Even though the management agency agreement did not specifically deal with these issues, the landlord asserted that the property manager had a duty to advise the tenant as to the provisions of the commercial lease and that there were implied terms in the agency agreement. Further, the landlord asserted that the tenant should have been advised that the property manager had an obligation to ensure the landlord’s interests were protected.
DISCLAIMER The information contained in this article, which is current as at the date of publication, provides only a general overview of subjects covered. It is not intended to be taken as legal advice or advice regarding any individual situation and should not be relied upon as such.
Realcover’s professional indemnity insurance policy has been designed with your needs in mind. For more information and to discuss your insurance needs, please contact Realcover by speaking with JLT representative on 1800 990 312 or email [email protected]
PETER MORAN is a Partner at Colin Biggers & Paisley (which is a panel lawyer of QBE).
Realcover is underwritten by QBE Insurance (Australia) Ltd and managed by JLT.
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