About Good Returns  |  Advertise  |  Contact Us  |  Terms & Conditions  |  RSS Feeds Other Sites:   tmmonline.nz  |   landlords.co.nz
Last Article Uploaded: Friday, December 13th, 10:03PM
rss
Latest Headlines

Property manager guilty of misconduct

Failure to pass on collected rent to clients has led the Real Estate Agents Disciplinary Tribunal to find a Paeroa property manager guilty of disgraceful misconduct.

Monday, June 15th 2015, 12:00AM

by Miriam Bell

Between April 2012 and June 2013, Patricia Kerr – who held the Ray White franchise in Paeroa at the time – was responsible for two properties owned by UK-based clients.

While Kerr was managing the properties, which are both in Thames, she failed to account for at least $10,703.70 of rental money owed to the clients.

In one case, the tenant paid most of her rent, but none of the money was seen by the clients. In the other case, a small amount of the rent money was paid to the clients.

The clients complained to the Real Estate Agents Authority after they got their accounts audited and numerous attempts to get Kerr to explain the situation failed.

In July 2014, Kerr – whose licence had already been cancelled for failing to comply with educational requirements - was charged with misconduct under section 91 of the Real Estate Agents Act.

Despite Kerr’s lack of participation in the proceedings, the Tribunal found the charge of misconduct, for withholding rental monies, was proven.

Kerr’s penalty has yet to be decided.

For landlords, there is a warning to be found in the case.

Independent Property Managers Association president Martin Evans said that, if a property owner feels something has gone wrong with the management of their property, they should always act immediately.

If the situation involves a property manager withholding rent, Evans said the property owner should go directly to a tenant and instruct them to stop paying the property manager and pay them instead.

“Remember – the property manager is only the agent, they are not the landlord.”

Some property owners waited too long to act in such situations, he said.

“But if a property manager does something like this, a property owner should get rid of them quickly.”

Evans also recommended that, to try and avoid such a situation, property owners should choose a property manager who:

• Provides detailed monthly statements on the property.
• Has a no-tolerance for rent arrears policy
• Operates a separate account for rents received.
• Has a reliable accounting system and processes already set up.

« Landlords proactive on insulation, smoke alarmsWill rates increases add impetus to Auckland’s rising rents? »

Special Offers

Comments from our readers

No comments yet

Sign In to add your comment

 

print

Printable version  

print

Email to a friend
News Bites
Latest Comments
Subscribe Now

Mortgage Rates Newsletter

Daily Weekly

Previous News

MORE NEWS»

Most Commented On
Mortgage Rates Table

Full Rates Table | Compare Rates

Lender Flt 1yr 2yr 3yr
ANZ 5.19 4.05 4.05 4.49
ANZ Special - 3.55 3.55 3.99
ASB Bank 5.20 3.89 4.05 4.39
ASB Bank Special - 3.39 3.55 3.89
BNZ - Classic - 3.49 3.45 3.99
BNZ - Mortgage One 5.90 - - -
BNZ - Rapid Repay 5.35 - - -
BNZ - Std, FlyBuys 5.30 4.45 4.35 4.55
BNZ - TotalMoney 5.30 - - -
China Construction Bank 5.50 4.70 4.80 4.95
China Construction Bank Special - 3.19 3.19 3.19
Lender Flt 1yr 2yr 3yr
Credit Union Auckland 5.95 - - -
Credit Union Baywide 5.65 4.75 4.75 -
Credit Union North 6.45 - - -
Credit Union South 5.65 4.75 4.75 -
Finance Direct - - - -
First Credit Union 5.85 3.99 4.49 -
Heartland 6.70 7.00 7.25 7.85
Heartland Bank - Online - - - -
Heretaunga Building Society 5.75 4.80 4.95 -
HSBC Premier 5.24 3.54 3.54 3.69
HSBC Premier LVR > 80% - - - -
Lender Flt 1yr 2yr 3yr
HSBC Special - - - -
ICBC 5.15 3.18 3.18 3.20
Kainga Ora 5.18 4.04 3.95 4.39
Kiwibank ▼5.20 ▲4.20 4.30 4.64
Kiwibank - Capped - - - -
Kiwibank - Offset 5.15 - - -
Kiwibank Special - ▲3.45 3.55 3.89
Liberty 5.69 - - -
Napier Building Society - - - -
Nelson Building Society 5.70 4.25 4.15 -
Pepper Money Near Prime 5.64 - 5.44 5.44
Lender Flt 1yr 2yr 3yr
Pepper Money Prime 5.18 - 4.98 4.98
Pepper Money Specialist 7.59 - 7.39 7.39
Resimac 4.50 4.86 3.89 3.94
RESIMAC Special - - - -
SBS Bank 5.29 4.85 5.05 5.49
SBS Bank Special - 3.39 3.45 3.89
Sovereign 5.30 ▼3.89 ▼4.05 ▼4.39
Sovereign Special - ▼3.39 ▼3.55 ▼3.89
The Co-operative Bank - Owner Occ 5.15 3.49 3.59 3.89
The Co-operative Bank - Standard 5.15 3.99 4.09 4.39
TSB Bank 6.09 4.35 4.25 4.69
Lender Flt 1yr 2yr 3yr
TSB Special 5.29 3.55 3.45 3.89
Wairarapa Building Society 5.70 4.85 4.99 -
Westpac 5.34 4.15 4.09 4.49
Westpac - Offset 5.34 - - -
Westpac Special - 3.39 3.45 3.99
Median 5.34 3.99 4.07 4.39

Last updated: 9 December 2019 9:02am

News Quiz

The maximum remuneration model for Australian life insurance advisers is to be set at what?

Upfront 40% + trail 20%

Upfront 50% + trail 10%

Upfront 50% + trail 20%

Upfront 60% + trail 10%

Upfront 60% + trail 20%

MORE QUIZZES »

About Us  |  Advertise  |  Contact Us  |  Terms & Conditions  |  Privacy Policy  |  RSS Feeds  |  Letters  |  Archive  |  Toolbox
 
Site by Web Developer and eyelovedesign.com