** and **
Andchill Property Management Australia
Australia
FIRST DEMAND FOR PAYMENT
Gentlemen:
I am writing this letter to inform you of the damages that have been inflicted to my property and I through the negligence of andchill’s management.
My name is Jae**. I am the registered owner of the property located in **. I discovered your company through your website at: andchill.com.au.
On your website, you have promises that included, but are not limited to, having and providing property insurance, providing a cleaning service, maintaining the upkeep of the property, and giving good rental returns, among others. The very many promises as well as the initial contact with your company persuaded me to enter into a contract with you.
Hence, the contract begun on March 2018. On your end, you promised, among others, that you are going to ensure the proper use of my unit, keep it clean, make sure that you would carefully choose the renters, and also pay for all the necessary expenses that come with renting a property. On my end, I provided you with the unit, all furnished with the best furniture available, and pleasing to any potential backpacker or traveller.
I kept my end of the bargain, your company did not. Hence, the lease met its eventual end on December 2018.
I have already informed you of the following problems and so far, you have merely provided me with subpar replacements. This is legally actionable under our laws.
I was overseas for the period of March 2018 to December 2018. It was only until December 8, 2018 that I was able to check the unit and saw the following problems:
- The house was damaged. There were cracked floor tiles. The carpet was very dirty as if it was not cleaned for months. The walls were also pungent and seemed unsanitary.
- Items in the property are missing. The television and monitor are missing. You replaced it with subpar brands that are not of the same quality as the ones that I have. My LG television was replaced by a TCL television. My monitor was a Philipps brand and you replaced it with a cheap Hassen brand.
- In relation to the second item, I also lost belongings worth $25,000. This is all because of the failed “screening process” of the management. You allowed just about anyone to enter the property without the reasonable care requires of you. You have a police report on the robbery and it is your negligence lead to the robbery. You are responsible.
- The in-house gas bottle was taken by gas company. When asked, the gas company informed that you were not paying for gas. I had to pay for the consumption, penalties, and interests so I can get back the gas bottle.
The problems are not limited to the list above. There are repairs that should be done to the unit, not to mention the mental anguish and anxiety that you have put me through for the present state of the property that I turned over to you in pristine condition. You have breached our contract.
Our laws are clear. Services come with a guarantee that it must be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage. It must also be fit for the purpose or give the results that had been agreed upon.
By engaging you as property manager, I knew that you may be governed by the Real Estate and Business Agents Act 1978 (REBA Act) and the Code of Conduct for Agents and Sales Representatives, and any other applicable laws that protect my rights as owner of the property.
Further, I am also entitled to the refund of the $1,500 utility deposit.
I am also seeking payment for all other costs that I incurred for damage repairs on the property caused by guests for the duration of the contract period.
With all of the facts above, I am writing this letter in relation to the amount of $150,000 that the company owes me.
The amount relates to payment for the actual damages inflicted on my property as well as the moral damages caused by sleepless nights and anxiety caused by the damage of seeing my property turned into a pig sty. I provided to you with a unit at a hundred percent pristine condition and you have turned it into something that are unfit for any person to live on.
Payment should be made through a wire transfer or a cheque.
If payment is not received within seven days of the date of this letter I reserve the right to take legal action to recover the monies, including the interest and any other expenses that may occur, without further notice to you.
I am giving you that period so you can reconsider your course of action before I file a formal complaint to the Department of Fair Trading. I reserve to protect my rights.
I will pursue all possible legal remedies. I will also pursue means in order to inform the public of my experience with your company including, but not limited to, social media platforms and online forums. Let this be a reminder that in this age of social media, people’s review of your services is the best way to advertise.
Yours sincerely,
**[Sensitive information removed in line with - Community Center Guidelines]
