I'd like to know what action I can take to recover costs associated with my investment property -- the property manager

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Customer: Hi - I'd like to know what action I can take to recover costs associated with my investment property -- the property manager has engaged a handyman to complete exit repairs (from the tenant moving out - and which the tenant has paid to the property manager). I have changed property managers and now the old property manager and the handyman are not responding to my requests for updates on the work to be done.
JA: Hi. What state are you in? It matters because laws vary by location.
Customer: I'm in Qld -- the property is in NSW
JA: What steps have you taken so far?
Customer: I have sent a number of email requests to the property manager
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: is this a free service?
Answered by John Melis in 8 mins 1 year ago
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

Yes, you can recover your costs associated with your investment property. What do you need to do is raise a claim medically in the court for those costs. Have an accountant certify those costs in a statement.

​You may lodge a claim in court.

The court’s website has a forms section to download the documents to commence the claim against that other party.

There are practice notes on the court’s website. There are various resources also, which you could utilise to aid you in completing the claim form.

Once you have submitted the claim form to the court, you must serve the other party with the documents.

You will receive email communications from the court, and you need to review these communications carefully, as they give you instructions on what to do next.

Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

Customer
Morning John -- thank you so much for the information ...... a few things to clarify to help me work through this if you don't mind? What do you mean by "medically"? Why does an accountant need to verify the costs? I don't have the costs because the property manager isn't responding to my requests to send through this information. I can have another repair company review the repairs and provide a quote - is that a reasonable action to take if the property manager isn't responding? Which court do I lodge the claim in? and who do I lodge the claim against -- the old property manager? the old tenant? the handyman?
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John Melis, Expert

Thank you for your follow-up. The reason an accountant was suggested is because it will provide certainty in a claim that's raised in the Queensland Civil Administrative Tribunal if necessary, where the matter cannot be resolved amicably between the parties.

As the property manager is not responding to your request, then the best way to move forward in this particular circumstance is to raise proceedings in the tribunal.

​The Queensland Civil Administrative Tribunal "QCAT" is perfect for meditating disputes. It brings parties together to discuss the issues involved.

In most cases, the matter will settle.

You can download the application from the tribunal website.

www.qcat.qld.gov.au

There are help menus on the website that will guide you to complete the application.

After you lodge your application, you will receive an email from the tribunal with the next steps.

​You’re handling this matter very well.

If there is anything else, big or small, that I can help you with today, please let me know?

Customer
I live in Qld and the property is located in NSW .... does that make a difference to where the claim is lodged?
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John Melis, Expert

You can run your case in QLD, in QCAT.

Customer
who is the claim lodged against ... the property manager who received the money from the tenant? old tenant who engaged the handyman? or handyman who has been paid by the old tenant to complete the work and hasn't completed it!!
Customer
sounds like a soap opera doesn't it!!! The handyman is married to the property manager ..... so I don't know who has the money .. the property trust fund, or if the money has been paid to the handyman already.
Customer
the property manager has her own business
Customer
the handyman has his business
Customer
two separate entities
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
I appreciate the offer -- THANK YOU! i'm actually in a meeting :-( .... juggling both things and trying not to worry too much about this investment property issue.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.

Customer
Would you mind letting me know who the claim should be against?
Customer
who is the claim lodged against ... the property manager who received the money from the tenant? old tenant who engaged the handyman? or handyman who has been paid by the old tenant to complete the work and hasn't completed it!!
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John Melis, Expert

Your claim is raised against the property manager.

Customer
brilliant!
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.

Customer
OK -- next qtn ... can my accountant verfiy the costs of repairs? or does it need to be someone indepedent of me
Customer
Hi
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John Melis, Expert

Yes, your accountant can verify the costs required.

Customer
also -- please help me understand -- how will the claim process work if I lodge a claim in Qld against a property manager in NSW ... ?
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the information on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
thanks John .. will come back to you if I need any further guidance ... I appreciate your time.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.

Customer
Hello there -- I went to QCAT and asked the question about submitting a claim in Qld for an issue in NSW -- they responded with .... they only deal with Qld cases and I would need to lodge the claim in NSW.
Customer
this is what i wrote to them and their response ...
Customer
Website Feedback <*****@******.***>
Wed, 16 Jun, 11:50 (2 days ago)
to meGood morning,Thank you for your enquiry.Queensland Courts only deal with Queensland matters, and therefore you may need to lodge your claim with the New South Wales Court.I can only suggest you obtain independent legal advice about your enquiry.The following link provides information regarding legal services which might be of assistance https://www.courts.qld.gov.au/going-to-court/representing-yourself/legal-adviceI hope this information assists you.Queensland Court ServiceGPO Box 1649, Brisbane QLD 4001W: www.courts.qld.gov.auE:***@******.***From: Queensland Courts <*****@******.***>
Sent: Wednesday, 16 June 2021 11:45 AM
To: ***** ***** <*****@******.***>
Subject: Website feedback - Submit a questionFirst name:NicolaSurname:CraigEmail address:
***@******.***Phone:
(###) ###-####
Preferred contact method:Contact me by emailYour question/comment:Hello would you please confirm where and which court I can make a claim for costs. I have an investment property in NSW - the property manager I engaged, hired a handyman to complete the ex-tenants bond repairs. The ex-tenant has paid for the bond repairs, received their bond and moved on. The property manager, ex tenant and handyman all reside in NSW. I reside in Shailer Park, Qld. I'd like to know where I should lodge the claim - NSW or Qld? And which court? many thanks Nicola
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John Melis, Expert

You will be able to raise a claim in NCAT.The New South Wales Civil Administrative Tribunal “NCAT” is perfect for meditating disputes. It brings the parties together to discuss the issues.I invite you to start with Fair Trading first. In most cases, at mediation, the matter will settle.If you need to go to the tribunal, the document you file in the tribunal is the points of claimThe following link will assist you. http://www.ncat.nsw.gov.auThere are help menus on the website that will assist you with the application.After lodging your application, you will receive an email from the tribunal. That email will explain the next steps.
Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.
Customer
great - thank you.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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