44 - Re-letting IP#1

Our Brisbane tenants vacated the property in early September at the conclusion of their lease. No clear motivation for their departure was supplied to us by the property manager, apart from the girlfriend being pregnant. I wonder if the $5/month rent increase we applied when the lease was renewed/reworked was partly to blame but I suspect the tenancy simply ran its course. The local Griffin rental market is currently oversupplied and rents have fallen slightly.

The outgoing tenants willingly tidied up and addressed a handful of issues that required attention (a chipped kitchen tile, dog faeces in the back garden, some cleaning residue on the walls). Having the house empty was also a good opportunity for the builder to rectify a roofing defect and related ceiling damage from a recent water leak.

The property was not producing income during this vacancy period but my (admittedly pessimistic) budgeting plans anticipate a four-week annual vacancy period.

While home inspections were not widely attended before the last tenants vacated, interest picked up gradually from September. The property manager tells me the local rental market is oversupplied with new developments recently coming online and we eventually dropped the weekly rent from $415 initially to $410 and then to $405 as the weeks went by. Every $5 decrease translates into an additional loss for the investment of $260 per annum—less than I would have thought.

The “competition” (i.e. rentals exactly like or very similar to ours) were including a free week of rent and/or other incentives like six months of free gardening services. Our PM also suggested we could upgrade the realestate.com.au advertisement to feature/highlight our property but the rent decrease seemed the obvious way to go as it impacts the tenant’s bottom line.

We had a diverse range of applications through while the property was vacant:

• An ideal first application came from a mum and dad couple with two older, pre-teen boys and no pets. Dad was working away but mum was not employed and is, presumably, a homemaker. Unfortunately the neighbour’s aggressive dog growling through the fence scared them off (a friend initially inspected the property on their behalf as they were all living North); one of the sons was reported as having a disability and being afraid of dogs.
• We then received a second application from a mother with an older daughter, who herself has a 2yo and a newborn baby. They have a large breed dog, only 12 months old. It wasn’t clear whether mum was effectively planning to serve as guarantor for her daughter but they could service the rent payments between them. Kids and dogs don’t make for ideal tenants in my mind but that’s exactly the market we’re targeting with this style of property (4x2) in this location (outer-ring suburb). The pair were ready to go immediately on a six or twelve-month lease but, between my prompt reply to the real estate agent and their following up with the applicants, the applicants had accepted another property.
• On the back of the second application falling through, we received a third application from a very young couple (late teens/early twenties) with no rental history and very little rental affordability (<30%). Although without kids, they too have an active dog. As our only option, we discussed the risks with the property manager who thought the affordability risks were high. Meanwhile, my wife and I were both thinking back to when we were the same age, with very little income, a cat (and eventually a dog); we stayed in our first rental for four years, paid the rent on time every week, kept the property clean, and caused no damage. The PM discussed having a parent join the application as a guarantor but this couple also found an alternative rental before anything further happened.

Between applications and twice-weekly home opens, the property manager was working to see what could be done about the dog next door. The ranger was called and inspected the situation but decided the neighbour’s property is adequately fenced and the dog could not be labelled ‘menacing’. The ranger did speak with the owners and it was agreed a barrier could be placed against the fence to prevent the dog from getting as close to the boundary. Our PM also spoke to the neighbour’s PM about the situation and was told the dog would be brought inside during home opens (and is friendly once it gets to know someone).

We finally received a fourth application for a couple with two kids under five and two dogs—an older large breed dog and a younger small dog. They were requesting a 12-month lease commencing within the coming days. We approved their application and an executed lease document soon came back. At last!

The property was physically vacant for six weeks—and someone likely kicked a hole in the letterbox during that time, just for good measure—but the new tenants are hopefully in and happy as of last Friday.

Given the length of time the property was vacant, I consulted my risk matrix for some hints as to what to do next—should the vacancy period continue. My mitigation and contingency strategies were minimal (‘review property manager’ and ‘review financial controls’) but, following this experience, I added ‘review market supply’, ‘offer incentives’ and ‘promote advertisement’. I also increased the Probability rating from Remote to Occasional. Fortunately, we’re not cash flow investors and have sufficient cash buffers to weather an extended vacancy.

Although I naively expected our first tenants to stay on for another year at least, I likely need to adjust my expectations to assume a tenant will stay somewhere between 6-12 months. A 12-month lease gives us some surety but also locks us in to a rental amount and the tenant, who may or may not be problematic.

In terms of lessons learnt, I created a Landlord’s Vacating Tenants Checklist. This checklist differs from the standard checklist which might be supplied to the outgoing tenant or used by the property manager during the exit inspection in that it lists the things I need to check and do to a) ensure the tenants have done the right thing and b) ensure the property manager has done the right thing. More about the checklist and b) soon.

I suppose a disclaimer is also worth posting: I'm just a guy, I'm not an accountant, lawyer, solicitor, tax agent, mortgage broker, banker, financial adviser, insurance agent, land developer, builder, government agent, or anything else so I disclaim your application of anything I write here is to be applied at your own risk. What I write may be incorrect and you are best to seek your own professional advice (tax, legal, financial, and otherwise) before entering into contracts or spending your money. Your situation is unique to you and what I write here reflects my experience only. This content is not professional advice and is not tailored to your situation. I’m not selling anything and I do not receive any form of commission or incentive payments for any companies or individuals I endorse. I'm learning too and expect to make many, many mistakes along the way.

Enjoy,

Michael

43 - Recapping the IP#2 land purchase

What a roller coaster ride we’ve had “just” to buy a plot of land over the last six months! We’re nearly there now and I wanted to briefly highlight some of the issues we encountered in securing the block of land and finance. In summary, the land titles have registered and we’re finally approaching settlement.

If you’re interested in the details, I’ve linked to earlier posts below.

Step 1: Difficult finance pre-approval

We kicked off towards the end of 2015 when I asked our mortgage broker to look into finance pre-approval following my return to work several months prior. Although the wife was on maternity leave, I’d nonetheless been tinkering with the idea of a second investment build. The broker deemed our bank-appointed credit assessor to be unreasonably pernickety but finance was provisionally approved on the basis of servicing via my income alone.

I then needed to convince dear wife a second investment build is a good idea and gave Open Corp the okay to proceed once we reached agreement.

Step 2: Property selection do-over

All was looking rosy with the first property selected for us by Open Corp until the vendor mysteriously sat on the signed land contract for some weeks. It turned out we’d been gazumped by a large buyer who apparently bought out all remaining blocks in the release—including those blocks with unexecuted contracts.

By this point, our bank pre-approval was due to expire but Open Corp quickly found us a similar, alternate property in a neighbouring estate. It was slightly larger, with a correspondingly larger price tag. In the interest of time, we nominated Open Corp to purchase the property on our behalf.

Step 3: Short valuation

The Valex-appointed valuation company contracted by the bank to value this second block came back with an ill-considered short valuation. We were told by Open Corp and otherwise of the view the property value was in line with the contract price. Appeals to the valuer (Peter Jones from Lee Property) and the bank to review or reconsider a similar valuation that came in at cost for a similar property in the same estate fell on deaf ears. In brief, the valuer considered an inappropriate set of comparable properties and didn’t do his job. Unfortunately, there would be no getting around this and we’ll need to contribute the shortfall from our equity loan.

Step 4: Finance do-over

Throughout the valuation shenanigans, the contract I was on at work came to an abrupt end and left us as a no income, two kids (NITK—my acronym?) household—not all that appealing to a lender when it comes to their evaluation of a client’s ability to make loan repayments. The wife was still on maternity leave and, although she had a contract to resume work (and was actually on leave—maternity leave), the initial finance application was based on my income alone because our mortgage broker didn’t think her potential income would be considered. With my last pay stub showing the drop off in hours, it was difficult to prove to the bank we could afford this loan. For good measure, my overarching head contract also ran out!

Meanwhile, our deadline for finance approval with the land vendor was due to expire. A one-week extension was approved, provided the deposit was paid in full by the original due date. I wasn’t terribly comfortable paying the deposit until finance was unconditional but both Open Corp and our (independent) mortgage broker confirmed it was fully refundable.

Through a tip from another mortgage broker, I persuaded our broker to approach the bank about taking into account the wife’s signed work contract, commencing on her return to work from maternity leave and well before settlement. I’d been told the bank we were working with had recently softened their stance on maternity leave. Of course we first had to find the wife’s contract, which was buried in her work emails as an attachment she couldn’t access remotely. Her maternity leave had also been paid upfront so she had no recent pay slips.

The final hurdle was the build contract, signed by nomination, which the bank wouldn’t accept. A new contract was couriered out to us and signed in a hurry before being couriered back to be executed anew by the builder.

With the build contract sorted, the maternity leave strategy delivered and finance was finally approved.

Step 5: Deposits

Although the Open Corp land deposit is normally $2,000, our land contract stipulated the typical 5% deposit. As mentioned above, the extension required us to pay the balance before finance was unconditionally approved.

The builder’s deposit (5% of the build price) also came due just after finance approval and the balance of Open Corp’s fee was also payable.

It’s at this point—when significant amounts of money are moving out of the account—that it all starts to get real. Of course land titles haven’t yet registered and settlement hasn’t yet come about. Perhaps more importantly, in terms of getting a paying tenant through the doors, construction hasn’t yet started.

Step 6: Finance re-do over

A final twist to the finance saw our request for an LMI waiver come through shortly after signing the first loan documents, which necessitated the inconvenience having the loan documents signed again. We weren’t sure how this was going to play out before this point so it was a happy surprise, at least.

Step 7: Certified ID

As a final poke in the eye, I heard from Open Corp—two days before our anticipated settlement date—to say the solicitor needed a certified copy of our ID. On very short notice, the wife was fortunately able to find a Justice of the Peace at the hospital who could certify her ID… the head pharmacist, he was paged and materialised from a sterile room in a full biohazard suit to help her out!

Subject to the bank, settlement is scheduled this week.

Update (bonus Step 8!)

Wow, we’ll never cut a break with this one!

We settled on Thursday morning at midday but first had a call from our Eastern states solicitor at 7am to say the bank wanted a $25,000 owner contribution (the day before it was $0). That amount was not only more than I could transfer online given our daily transfer limit but it was also more than the bank’s first-line call centre rep could manage for us.

I asked to speak with the rep’s supervisor and, after going through some additional identification questions and a nuclear launch sequence involving call backs and temporary passcodes, I was able to make the transfer.

I suppose a disclaimer is also worth posting: I'm just a guy, I'm not an accountant, lawyer, solicitor, tax agent, mortgage broker, banker, financial adviser, insurance agent, land developer, builder, government agent, or anything else so I disclaim your application of anything I write here is to be applied at your own risk. What I write may be incorrect and you are best to seek your own professional advice (tax, legal, financial, and otherwise) before entering into contracts or spending your money. Your situation is unique to you and what I write here reflects my experience only. This content is not professional advice and is not tailored to your situation. I’m not selling anything and I do not receive any form of commission or incentive payments for any companies or individuals I endorse. I'm learning too and expect to make many, many mistakes along the way.

Enjoy,

Michael

39 – Gazumped

I’ve mentioned a few times on this blog how smoothly everything went with the first investment property. From land and build contracts, to finance, to construction, and tenanting it was one tick in the box after another. When we set about repeating the process with Open Corp, I expected an identical outcome, this time with the benefit of personal experience.

Through no fault of Open Corp’s, we’ve had a rocky start this time. Our finance pre-approval, with me only recently back to work and the wife on maternity leave, was heavily scrutinised by the bank and was finally approved in mid-December—valid for three months, including the Christmas holidays. Dear wife then took her time finally agreeing to the commitment before we gave Open Corp the green light.

More recently, with our pre-approval due to expire within a week, I received a call from Open Corp telling us a larger buyer had come in and offered to purchase all remaining blocks in the development we were to buy in to—including all blocks with non-executed contracts. We’d signed the contract but it hadn’t yet been fully executed (signed) by the vendor. I’m not sure if it applies in the fullest sense to this specific situation, but I think we were gazumped.

Open Corp were helpfully able to secure another, larger block for us in a neighbouring estate (at a higher cost due to the increased land size—with the difference to be rebated back to us). They also had our initial deposit refunded from the original land developer and applied to this new property. The stamp duty will be about a thousand dollars more because of the increased sale price but I’m comfortable with that seeing as how we’ll be getting an extra 48sqm at minimal cost.

Given the timelines for the finance pre-approval, we were able to nominate Open Corp to sign the land and build contracts on our behalf (the property is in Victoria) and the mortgage broker was able to submit our finance application on the last day of our pre-approval… still without an executed land contract.

Land contracts just aren’t working out for us this time around. It’s now been two weeks since the final finance application was submitted and we’re still waiting on the executed land contract. I have no idea what the hold up is this time and apparently neither do Open Corp but it’s all slightly concerning—especially coming from where we’ve been with the first block. Will the same thing happen with the unexecuted contract being sold to a bulk purchaser? Is whoever does the signing at the vendor’s end out of town? In other words, what’s going on?!?

[Update (6 April): the signed land contracts finally came back late last week, which of course starts the clock ticking for the finance approval…]

Meanwhile, the bank seems to be moving the application forward without this seemingly important document and have ordered a valuation on the property and requested a few extra pieces of documentation from us. I have no experience how flexible the major banks are with the deadlines for their pre-approvals and I’d be very curious to know what happens next if this purchase falls over on the land contract.

All of this is unnerving and frustrating but we’ve never had any major issues buying or securing finance for our PPOR or the first IP and I’m hoping this will come good. I know finance is often the biggest hurdle for many buyers and it was certainly a relief to move forward from the point of unconditional finance approval with the first IP.

Compounding matters, the bank (a different lender to the one we used for the first IP—to avoid cross-collateralising) has flagged a possible issue approving a 10% LMI discount for us. Certain professionals are eligible to pay a 10% deposit instead on the typical 20% deposit before LMI kicks in and the wife, being a doctor, falls into that category of professional. The only problem from the bank’s perspective is the fact she’s not working… or more precisely, as I’d describe it: she’s on leave (maternity leave)—and she is therefore still employed. Unfortunately she has no current pay stubs to prove that to the bank and we’re waiting on a letter from her employer in the hope the bank will accept that.

I hope we’ll have a better view of both the land contract and the finance situation this next (short) week but I won’t bet on it.

I suppose a disclaimer is also worth posting: I'm just a guy, I'm not an accountant, lawyer, solicitor, tax agent, mortgage broker, banker, financial adviser, insurance agent, land developer, builder, government agent, or anything else so I disclaim your application of anything I write here is to be applied at your own risk. What I write may be incorrect and you are best to seek your own professional advice (tax, legal, financial, and otherwise) before entering into contracts or spending your money. Your situation is unique to you and what I write here reflects my experience only. This content is not professional advice and is not tailored to your situation. I'm learning too and expect to make many, many mistakes along the way.

Enjoy,

Michael

38 - Surprise! Unexpected Changes

I find the vast majority of mainstream real estate reporting in the media is either all or nothing: the market is going gangbusters or it’s the next worst thing since the Great Depression and all hope is lost (I’ve given up paying any attention to the news…). There’s no middle ground. Similarly, the property spruikers only share the positives and conveniently overlook the details when they do cite a one-off example of something gone wrong.

Although many of the posts on this blog have been relatively upbeat—in line with our experience to date, I strongly believe in reality, facts, and the accurate, fair reporting of our experience. On that note, today’s post is a recounting of what is likely to be the largest single “upset” (not to dramatize) so far along our property investing journey.

Earlier this month we had three tenants in the Brisbane property and over six months remaining of a 12-month lease; then, suddenly, we had one tenant plus an “unknown” (or rather, the girlfriend of the remaining original tenant) and a pet request for a middle-aged, large-breed dog. On Friday morning last week, a water leak in the metre box was also reported.

How quickly things change from a seemingly stable position to near chaos. Fortunately, the exemplary property management team at West Property is handling all of this for us but I won’t deny I’ve found it remarkable that tenants can simply walk away from a contractual agreement they’re legally obliged to uphold. If nothing else, this doesn’t make for a good lease reference for them and they may end up have to cover re-letting fees for us.

I’m not sure why two of the three roommates have left but I believe they were together as a couple and I assume they either now aren’t or have decided they needed more privacy. I suspected there may be some instability when we took on the trio (we very much expected to end up with a family—mum, dad, two kids, and a dog) but they were the first application after a few weeks of home opens and they were happy to pay the advertised weekly rent. I thought one of them might leave eventually but wasn’t expecting any changes in the first year. In my mind, you sign a lease for twelve months, go to the hassle of moving, and then you stay put for a few years—call me simple and old fashioned.

We were notified by the property manager the pair have now moved out and requested to be removed from the lease. We had the option of saying no to this request and they would be obliged to continue paying their share of the rent—regardless of whether they’re actually living there. Practically, that option may be difficult to enforce.

In their place, the girlfriend of the remaining tenant had moved in, I’m told, but she had neither applied nor was she approved by us to live at the property. The wording in the lease document is quite specific to this point and clearly notes no one else can live in the house without prior agreement by the landlord.

If this new couple are keen to stay on, can afford the rent, and seem to be acceptable, then we’re all for that. Ideally that means no break in rental income. Plus there’s less wear and tear on the house for them to move out and be replaced with new tenants. But who is this mystery woman? Does she have an income? Does she have any prior rental referrals (or a criminal history)? Does she smoke? If she’s not paying her way, can her partner afford the full rent on his income after paying only a third of the rent to date?

Technically, there are more questions to be answered if the girlfriend checks out. Do we amend the lease to include her or have the tenants sign a new, 12-month lease? Do we increase the rent now as part of the new lease or after six months via some kind of special conditions clause (which may be tricky to do in Queensland—I’m not sure)? If the couple opt for a 50/50 split, the original tenant will need to increase his bond contribution from 1/3rd to 50%—or 100% if he’s covering the lot.

The worst-case scenarios I can imagine are having the remaining tenant vacate (for whatever reason), leaving us with an empty house to re-let and the resulting loss of income, or—if he stays—having a gap in the rent payments from the departing couple while all of this is sorted out. If all else fails, we are still covered by the Open Corp rental guarantee but that does mean having to accept any tenants they pre-screen and put forward to us (which could be good or not so good). Without checking the finer points of our insurance policy, we may also be covered for loss of rent if the rental guarantee were not in place.

Here’s another good fact sheet if you’re interested: http://tenantsqld.org.au/wp-content/uploads/2009/12/You-Want-to-Leave-Nov-09-SD_NEW.pdf

On the dog front, I simply wasn’t mentally prepared to deal with this request so early into the original lease and the property manager has recommended we say no for now (which was a relief). Before today’s revelation, we had considered allowing the pet if the (original) tenants were willing to sign a new 12-month lease effective immediately—using this request as a trigger event to keep the tenants on for a longer period. That’s less of an issue now.

We also hadn’t yet decided whether there would have been a corresponding rent increase; we can’t increase the rent mid-lease in Queensland so even a token increase would likely be the way to go to a) ensure we achieve an increase within the 12-month period, b) condition the tenant that the rent will always increase at renewal time, and c) cover any issues related to the dog (i.e. damage) as we can’t charge a pet bond in Queensland.

Meanwhile, the water leak is still being investigated by the water company. At least it’s outside and I’m told it’s likely on the water company’s side or will otherwise fall to the builder to rectify.

A few weeks on, and after consulting with Open Corp and receiving a tenancy application from the girlfriend, we offered the couple a six-month lease to see how it works out. We also increased the rent by $5/week. The lease was accepted and signed and we shouldn’t have missed any rental payments (the outgoing tenants would have been required to continue paying their share of the original lease until it was terminated). It will be interesting to see if the relationship lasts and what bearing a breakup has on the remaining tenant’s affordability; it’s easy to say a married couple with kids would have been a more stable tenant option but who knows—with the frequency of divorce I’m not convinced marriage equates to tenant longevity.

I suppose a disclaimer is also worth posting: I'm just a guy, I'm not an accountant, lawyer, solicitor, tax agent, mortgage broker, banker, financial adviser, insurance agent, land developer, builder, government agent, or anything else so I disclaim your application of anything I write here is to be applied at your own risk. What I write may be incorrect and you are best to seek your own professional advice (tax, legal, financial, and otherwise) before entering into contracts or spending your money. Your situation is unique to you and what I write here reflects my experience only. This content is not professional advice and is not tailored to your situation. I'm learning too and expect to make many, many mistakes along the way.

Enjoy,

Michael