Real Estate Institute

Auckland

I wish to bring to your attentions some underhanded actions of Harcourt's.

On November 2008 I entered a contract on behalf of ******** for Leanne Griffiths Harcourts Strategic Property Management Ltd , PO Box 11498 Ellerslie, Auckland to provide tenants for ******** Mangere Bridge, Manukau City.

The property was at the time in the process of being transferred to myself as part of a property settlement.

I also had written power of attorney over the property.

Harcourt's agent Leanne Griffiths informed me that she had a tenant who wanted to move in on 7th November. This was 2 weeks before my partner and I were due to move out but we were persuaded to do so on the condition that the tenant was happy to take the property "as is" and assist in cleaning up. I met the tenant and she expressed agreement to this.

I asked Leanne Griffiths if the tenants had references and reminded her that I had specified a non smoking family with no pets.

I was informed that the proposed tenant had one dog to which I agreed.

I still wanted to see the references and expressed concern that the agent was putting one person in a family home for more rent than a single person could pay. I was assured that things were ok so took the agents word.

What followed was a nightmare and is well documented.

The tenant never paid any rent or bond forcing me to re-finance or face mortgagee sale.

The tenant turned out to be using a false name, was a single beneficiary living illegally with her partner (also on a single benefit) and certainly did not meet the criteria of a family. I have written proof of all this.

The tenant(s) smoked in the house and left cigarette buts and burns

The tenant(s) had more than the one dog permitted.

I never did get to see any references.

When they were finally evicted they left extensive damage including broken windows, shattered back door and a wall missing in the back of the lounge cupboard.

This damage amounted to a conservative $800 which I pointed out to Leanne Griffiths

I also said that I wanted to be present at the final inspection but was never informed and suspect it never actually took place.

I also suspect collusion between the agent and the tenant.

I never saw any references, the property was tenanted under a false name and no effort was made to collect the rent owing or even a bond.

The matter went to court but there was no claim for the damage caused by the tenant.

The agent however was found to be partly responsible.

The tenant was judged to pay some of the rent but no effort was made to enforce this.

Recently I was informed that if I want to take action to recover the rent I must pay the cost. This despite gross negligence (or worse) on the part of the agent.

I hold Harcourts responsible for all losses and expenses due to their negligence.

The court informs me that I can not take action against the tenant personally as it was the agent the contract was with.

They have however told me I can take action against Harcourts themselves but I will require legal aid to do this.

I am still paying off the money I owe the bank due to loss of income, the stress from all this caused my relationship breakup and I can not afford any more expense.

I can however go public with this, either in the newspaper columns or the blog sites I contribute to. The is also Fair Go for the new year season.

Before that however I would be interested in you views on the matter and whther you condone this sort of action from a Licensed Real Estate agent

I can provide documents if neccessary and they are going online soon

Thank you

Michelle********

TransCare Trust (Charitable)

********

********

Auckland