Advice on this situation

Hi All,

All i've seen in the last 2 1/2 months is 1 months rent.

PM has been on to the tenants when they were in arrears and they made 2 drib drab half payments.

Fast forward to VCAT today and PM calls the tenant last night and the tenant comes into the office with half of what he owes.

Here's an email from the PM.

Just to keep you up to date.



It has been a very long battle to get to the stage we are up to today.

We have rang the tenant at least 3 to 4 times a day since the day we served him a Notice to Vacate. More often than not it goes to message bank and rarely he will answer the phone.

We have threatened him all along about the consequences of the Court determination and he has promised on numerous occasions to pay, but this has never come to fruition.

We rang him again last night and fortunately he answered the phone and we informed him that the Court hearing is at 11-30 today and we will be seeking a warrant of possession.

The exact amount he owed to today was $x,xxx.xx less the Security Deposit.

A further last ditch phone call was made this morning and as strange as it is he came into the office and paid $xxx.xx.We will be requesting at the hearing that he pays all arrears immediately and the rental kept up to date.

In a situation like this the Court will normally place the tenant on a payment plan and if they default, the matter is taken back to Court to have the matter finalized.

Both tenants came into the office at 10-30am and we have instructed them to go to the Court as the hearing is at 11-30 to explain their case to the Magistrate.

I will let you know the result as soon as we have the determination through VCAT.

At least we are in a far better financial situation now than previously and we have been extremely proactive in getting this result thus far.

I just want them out,any advice on what i can do?

Any advice would much appreciated,totally over it especially when i want to sell.

Cheers Spades.
 
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Im sorry to say spades but your tenant seems pretty smart.

The fact that they have dragged it out, but made an effort last minute to pay some will mean most likely the judge wont evict but put them on a payment plan.

Then ofcourse on day 1 the tenant will be back to their old tricks. The only way is to argue your case with all the evidence and breech notices.

The other option is to negotiate with tenant to vacate in return for say the rest of the debt wiped or whatever you can come up with.

Best of luck. Is the hearing today?

Cheers
 
In a situation like this the Court will normally place the tenant on a payment plan

Anyone had a tenant on a payment plan?

What is it,like centrelink where they get overpaid and pay back like 5$ pw? :D

Farout the system stinks.

Cheers Spades.
 
I have a had a few on payment plans.
Currently one at 20$ pw to pay a weeks rent back. But good tenant was a missunderstandering with them and ird when leaving country.

Also have debt collection agency after other tenants that baild which are on a payment plan of $30 a month for 3k debt. But they cancelled that plan and am debating to pay more money to try and get it or write it off.

Cheers
 
My PM calls these tenants "Professional Renters"

If he senses this he will automatically decline them, even if everything appears to stack up. Some PM's are good at this, some just don't care.
 
We had a tenant do this. After about the 4th time in a year of being issued a notice to vacate and paying at the last minute the last time we proceeded with the VCAT hearing and due to the frequency of it happening VCAT agreed that he should leave and we obtained orders for him to vacate the property.
 
Anyone had a tenant on a payment plan?

What is it,like centrelink where they get overpaid and pay back like 5$ pw? :D

Farout the system stinks.

Cheers Spades.

Unfortuantely Spades, yes the system stinks.......not much we can do.

Maybe next time I'm behind on my rent I'll cry poor due to my morning sickness (im Male)!
 
If the amount owed is still more than 14 days, the PM should be seeking a warrant. It's up to the member whether you get the warrant or not.

If not, unfortunately the only option is an order, and if the tenant breaches they can take them immediately back to VCAT.

If this happens, it's not always a guarantee that you will have a warrant granted. This is where you need to prove the tenant is a habitual late payer and hope the member listens.

Whilst the PM has done the correct thing by still chasing the tenant for the arrears, it's not our responsibility to remind them of the hearing - as it's usually much easier to get the warrant if the tenant isn't giving the member a sob story.

You could try to insist Centrepay for future payments, but the tenant can cancel it at any time..
 
Hi neK,

PM and Co have been on the nose for 30yrs+,some "Professional Renters" are good at what they do;)

We had a tenant do this. After about the 4th time in a year of being issued a notice to vacate and paying at the last minute the last time we proceeded with the VCAT hearing and due to the frequency of it happening VCAT agreed that he should leave and we obtained orders for him to vacate the property.

Hi jakaim,

Sorry to hear but just goes to show how effective vcat is :rolleyes:

If the amount owed is still more than 14 days, the PM should be seeking a warrant. It's up to the member whether you get the warrant or not.

If not, unfortunately the only option is an order, and if the tenant breaches they can take them immediately back to VCAT.

If this happens, it's not always a guarantee that you will have a warrant granted. This is where you need to prove the tenant is a habitual late payer and hope the member listens.

Whilst the PM has done the correct thing by still chasing the tenant for the arrears, it's not our responsibility to remind them of the hearing - as it's usually much easier to get the warrant if the tenant isn't giving the member a sob story.

You could try to insist Centrepay for future payments, but the tenant can cancel it at any time..

What a great system we have where people who know how to work the system and clog it.

Who makes money from it?PM's,Vdog,free rent for tenant,landlord insurance.
It's a win,win for the landlord LOL.

Update:Anyway another date with vdog on mid next month if tenants default.
They have 2weeks to rectify,see what happens.

Cheers Spades.
 
PM and Co have been on the nose for 30yrs+,some "Professional Renters" are good at what they do;)

Unfortunately that is true. Some a very good at it - if only they put the same amount of effort in their job and paying rent.

Good luck with it all.
 
When the judge is writing up a payment plan of $20 a week for the Tennant ask him to write one up for yourself for the same amount to pay your mortgage payment back to the bank.........
 
When the judge is writing up a payment plan of $20 a week for the Tennant ask him to write one up for yourself for the same amount to pay your mortgage payment back to the bank.........

I'm sure the supreme court will cut you a similar deal if ever the banks call in their loans and you have nothing left.

Fair?
 
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