When property managers fulfil their duties diligently, it contributes to a smooth and harmonious rental experience. However, when they fail to meet their obligations, it can lead to significant stress and frustration for tenants.
In Queensland, tenants have rights protected by tenancy laws, and there are avenues available to address issues with bad property managers. So, where to report bad property managers?
This guide explores common problems faced by tenants, outlines tenant rights and responsibilities, provides guidance on resolving disputes with property managers, and highlights the support services available for assistance.
Common Issues with Bad Property Managers
Tenants may encounter various problems when dealing with bad property managers, including:
- Failure to address maintenance issues: One of the primary responsibilities of a professional property manager is to ensure that rental properties are well-maintained and that any necessary repairs are addressed promptly. However, some property managers may neglect these duties, leaving tenants to live in substandard conditions or with defective appliances or fixtures.
- Illegal entry into the property: Tenants have a right to quiet enjoyment and privacy in their rental homes. Bad real estate managers may breach this right by entering the property without proper notice or consent, which can be unsettling and a violation of the tenant’s privacy.
- Poor communication and unresponsiveness: Effective communication is essential for a positive landlord-tenant relationship. Bad property managers may fail to respond to tenant enquiries or requests in a timely manner, leaving tenants frustrated and with unresolved issues.
- Mishandling of rental payments and security deposits: Property managers are responsible for collecting rent and managing security deposits. However, some may mishandle these funds, leading to disputes over missing or misapplied payments, or the improper handling of security deposits.
- Failure to comply with tenancy laws and regulations: Property managers are required to operate within the framework of Queensland’s tenancy laws and regulations. Bad property managers may violate these laws, putting tenants at a disadvantage and potentially subjecting them to unfair or illegal practises.
Tenant Rights and Responsibilities
In Queensland, the rights and responsibilities of tenants and property managers/landlords are governed by the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act).
It is crucial for tenants to be aware of their rights and obligations under this legislation to identify and address any potential breaches by property managers.
Some key rights of tenants in Queensland include:
- The right to quiet enjoyment and privacy in the rental property.
- The right to have the property maintained in good repair and doesn’t pose a safety issue (no risk of tenant injury).
- The right to be given proper notice before the property manager or landlord enters the property.
- The right to have their security deposit handled and accounted for properly.
Tenants also have responsibilities, such as:
- Paying rent on time and in full.
- Keeping the property clean and in good condition, allowing for fair wear and tear.
- Not causing intentional or negligent damage to the property.
- Complying with the terms of the tenancy agreement and relevant laws.
By understanding their rights and obligations, tenants can better identify when a property manager is breaching their responsibilities and take appropriate disciplinary action.
Resolving Disputes With Property Managers
If a tenant encounters issues with a bad property manager, the recommended approach is to first attempt to resolve the matter through open communication. The Residential Tenancies Authority (RTA) advises tenants to speak with the property manager or landlord as soon as a problem arises to discuss the issue and seek a resolution.
If this initial communication does not resolve the problem, tenants can escalate the matter by issuing a Notice to Remedy Breach (Form 11 or Form R11 for rooming accommodation).
This notice outlines the specific breach and provides the property manager or landlord with a reasonable timeframe to rectify the issue. The time frame varies depending on the nature of the breach and the type of tenancy agreement.
For general tenancies, property managers or landlords must be given at least seven days to remedy the breach. If the problem remains unresolved after the breach notice period expires, tenants have several options:
- Apply for dispute resolution: Tenants can apply to the RTA’s Dispute Resolution Service for assistance in resolving the matter. This service provides impartial mediation and can help facilitate a resolution between the parties.
- Apply to the Queensland Civil and Administrative Tribunal (QCAT): If the dispute cannot be resolved through mediation, tenants can apply to QCAT for an order to rectify the problem or seek compensation for any losses incurred due to the property manager’s breach.
- Issue a Notice of Intention to Leave (Form 13): In cases where the breach is significant and not remedied, tenants may choose to terminate their tenancy agreement by issuing a Notice of Intention to Leave. It’s important to note that if the tenancy is a fixed-term agreement, the tenant may be required to pay compensation for breaking the lease early.
It’s worth noting that there are specific rules and timeframes that apply in cases of repeated breaches by property managers or landlords. The RTA’s website and support services can provide guidance on these scenarios.
If the property manager or landlord resolves the issue by the expiry of the breach notice, no further action is required. However, if a Notice of Intention to Leave has been issued and the problem is remedied after the notice is served, the tenant can choose to continue with the termination of the tenancy or withdraw the notice, provided they do so in writing before the end of the notice period.
Learn about self-managing a rental property (for landlords).
Seeking Legal Advice and Support
Navigating tenancy issues and disputes can be complex, and tenants may need guidance and support throughout the process.
Fortunately, Queensland offers several free advice and support services specifically designed to assist tenants in understanding their rights and obligations and navigating the appropriate channels for resolving disputes and taking legal action.
- Residential Tenancies Authority (RTA): The RTA is a dedicated government body that oversees and regulates residential tenancy matters in Queensland. They provide a wealth of information and resources for tenants, including guidance on resolving disputes and access to their Dispute Resolution Service. Tenants can contact the RTA on 1300 366 311 for assistance or a formal complaint.
- Queensland Statewide Tenant Advice and Referral Service (QSTARS): QSTARS is a specialised service that provides free advice and support to tenants across Queensland. Their team of experienced advisors can help tenants understand their rights and responsibilities, provide guidance on resolving disputes, and offer referrals to other relevant services. Tenants can contact QSTARS on 1300 744 263.
It’s important for tenants to seek advice and support if they are unsure of their rights or the appropriate course of action when dealing with a bad property management company.
These services can help ensure that tenants are fully informed and supported throughout the process, increasing the likelihood of a favourable resolution.
Wrapping Up
Dealing with a bad property manager can be a frustrating and stressful experience for tenants in Queensland. However, it’s essential to remember that tenants have rights protected by the Residential Tenancies and Rooming Accommodation Act 2008, and there are avenues available to address issues and seek resolution.
By being aware of their rights and responsibilities, tenants can identify when a property manager is breaching their obligations. Open communication is the recommended first step, but if this fails to resolve the issue, tenants can escalate the matter by issuing a Notice to Remedy Breach and, if necessary, seeking dispute resolution or applying to QCAT for an order or compensation.