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Burbs I'm sorry that's been your experience. I feel like I want to point out where things might have gone different for you in terms of a legal solution. But I'm fairly sure you wouldn't believe me unless it matches up to your experiences and perceptions on the issue. Ditto with a lot of...

I don't exactly understand what you mean. Of course it matters how often it happens. Because you are proposing to change in the law in a way to affect every single renter. As for the fines, it doesn't make much of a difference to 99.99% of landlords. I actually agree in that the fines...

Are the tenant advocates the ones making the court orders now? And drafting the legislation? I suppose Consumer Protection (and its equivalent in every state), the legislature, AND all the members of judiciary and law reform commissions have gotten it completely wrong. They must be all idiots...

Yeah I actually do, which I've partly already given in my previous posts. I don't mind starting again though. 1. Bond is never enough: I don't know how those days were calculated because a Form 1B termination notice only needs 7 days. Its not an average 21 day wait for a first court date...

Jesus christ. At least some of the other flak going around this thread has some content in them - that was just an outright personal attack. If you disagree with him, you can at least be civil about it. I wonder if its a coincidence that the most argumentative posters seem to have the most...

I completely agree that there is a institutional protection of a tenant's right to an ongoing tenancy, even where they have been blatantly breached the agreement by damaging the property or not paying rent. At the end of a day, a tenant can only be evicted by court order, even in the most...

The "magic wand" is simply the actual section that governs termination, section 71: http://www.austlii.edu.au/au/legis/wa/consol_act/rta1987207/s71.html Subsection 3a is the power that lets a court suspend termination orders for up to 30 days (so its a max of 37 days from the order)...

btw, they are still taking submissions on the regulations.

+1 to this. As I previously said, I'd find it surprising if these disastrous tenant stories couldn't have been prevented or mitigated by proper use of the landlord's rights under the Act. For all that landlords like to learn about investment strategies and tax tips, I don't think I've met...

As a professional, a renter and a landlord, this has been my experience as well. Especially the part where landlords seem to take it as a personal insult when something they think should be paid for, isn't. For example, defining exactly what is fair wear and tear is often a grey area, but if you...

I suppose we disagree on that point then. I am interested to see what other people think is a good level of bond, or just other solutions in general. I think you're the first one to actually suggest something with some consideration. Otherwise its been just people having a vent I think...

Ah yes fortunately I'm thick skinned in terms of copping flak - it was more just wondering if anything I said would even be listened to - I would rather not waste my time if that's the case. As for the bond issue, its true that a bigger bond goes far to cure the injustice of difficulties in...

Well presumably the tenant was there, or was recently there when you got judgment or default judgment. You can commence enforcement proceedings on their service address. What is it you need the government to do?

Well as previously mentioned, this is a civil procedure law issue, not a residential tenancy one. And probably specifically how judgment enforcement is effected. And so if you are proposing to change those rules to be more claimant friendly, then I would bet that it creates more problems for...

For what it's worth, I'm sorry that your tenant or tenants screwed you over like that. But I don't get why you have to generalise like that about all tenants or lawyers. I've come to the thread to share my knowledge and experience in my field of work, and just seem to be criticised and...

I'm sure from a landlord point of view, the more bond the better. But if you think about what a bond actually is, its already an incredibly pro-landlord factor. A bond is the tenant's money, held in trust, as an advance in anticipation of a breach of an agreement. What other sort of contract...

But that's how you defined it as well? Aren't we on the same page with that? As for your preference for a more "hands-off" approach for landlord's obligations in terms of maintaining the property, well that's a fair position to take as well. I personally also prefer it, and would happily...

In my experience, the most common breaches of agreement by any party is, in rough order of frequency: 1. Landlords pushing for a bigger slice of the bond than they are legally entitled to, usually because they forget "fair wear and tear". 2. Landlords failing to maintain the property, on a...

+1 million to this. I can't imagine a better description of the problem. If both types of parties were properly versed in their rights and responsibilities, and also maybe some proper dispute resolution knowledge, then there wouldn't be as big a difference in opinion between who is actually...

That's a fair position, and its true that industrial properties mostly use the common law, and the commercial tenancies act changes relatively little on the position on leases at common law. But how the law has evolved in Australia is that more and more pro-tenant protections have been put in...