Firstly, subject to the conditions of the sales contract, the deposit monies are normally banked into a Sales Trust Account and/or invested in a Cash Management Account until settlement.
The interest accrued on the deposit monies invested in the Cash Management Account are split 50/50 between you the
vendor & the buyer at settlement.
If you haven't received any interest then the sales agent is breaking an ACT under the Property Agents and Motor Traders ACt 2000 as well as some others in regards to holding funds in trust.
In regards to the property manager, who I assume is the same company as the sales agent but whether it is doesnt really matter, they have to instigate proceedings against the tenant and are obliged to do so.
Is the tenant still under a rental agreement with you? ie.....I assume they have not renewed the agreements with the new incoming owners as u stated the tenenats will be moving out.
Therefore. they are still legally under a rental agreement with you and the property agent, change of ownership in the property does not automatically cancel out their agreement.
I would be providing a very stern letter to the sales agent, by email is fine, demanding full and final payment of the interest accrued on the deposit within 7 days and give them account details for deposit.
Also I would demand a full statement showing how interest was calculated on the deposit amount.
Did you have a conveyancer/solicitor during the sale?
If so, they should have been instructed to collect all funds at settlement on your behalf.
Property Agent.
Again write a letter, can be by email, asking for certain information regarding your account.
You want to know the full amount outstanding by the renter.
You want to know what amount is held as a bond, the bond details (should be a reference number) and a contact number to seek return of the bond to you.
Also give them 7 days notice that failure to do so and you will take legal proceedings not against the agent but against the Agency for breaking an ACT under the Property Agents and Motor Dealers Act 2000.
I would also speak to the rental bond tribunal NOW and ask them to take notes on your story for your file for future reference.
Even if that means you emailing them all details , and keep this record of the email, and call to make sure they ahve attached details to your file.
You would also have the buyers details on the contract.
Might be worth trying to get hold of them as they probably havent recieved any interest either.
Getting them a little angry with the agents will also get them on side and they may make a call to the sales agent asking for their interest, both sides putting pressure on would be a good thing for you.
Apart from all that, next is legal which is just waste of money.
Start with those things above, get everything in writing,let me know what happens, if that doesnt remedy the situation Warnie would be happy to then step in and make sure it does.
id even pay all that you are owed upfront for the privilege of taking an agent to court.
The last one that tried me spent nearly 10 times as much in court and lawyers fees as the debt itself.....and I loved every minute of it.
Quick story....
I took an agent to court as he was a smart a..
After 3 court adjournments he started to be a little less smart or happy for that matter.
I remember we were all walking in to the courtroom for the "4th" chance or time.
He said to me just as we were about to enter, "what u r actually not adjouring this time", then he went on about costing him legal fees everytime I did adjourn and that I would pay for it one day.
I told him that it was not my intention and that I didnt enjoy wasting his time......."I actually love it"
As we entered court......I lent over in a crouched position and said "I must adjourn your honour as im feeling very sick and dizzy" ......very well Warnie....case adjourned......pmsl.....I haven't laughed so hard in my life.
Should have seen the agents face.......the $500 it cost me in legal fees for that day was worth it just to see his face when it was going to be adjourned for then the 4th time.
Anyway he ended up becoming my property agent fulltime,how ironic, and to this day he's never missed a beat......funny that.
I think he even pays the rent on behalf of the tenants if they get behind just so he doesnt get me upset.
