Cause for concern?

Some tenants just don't appreciate the goodies provided by the LL!:mad: Sounds like this tenant has a lot to answer for, and your previous PM has let you down badly. Good idea to sack them and get another one.
Do you have any recourse for the damage caused by this tenant?
Are you intending to give this tenant notice to quit?
 
Sailor,

I am looking at what can be claimed back and have already given the tenant notice to vacate efective 20th June.

Will keep you posted on what happens next.

Mark
 
Mark C said:
I am looking at what can be claimed back and have already given the tenant notice to vacate efective 20th June.
Click to expand...
Do you have valid grounds for the notice to vacate? eg, lease term has expired and month to month (providing the law allows a short notice period), non paymewnt of rent etc.

Just make sure that you are doing this legally.
 
Good idea to get them out legally as fast as possible. In this case you should strongly consider changing the locks once they go.
 
hi Mark,
I know exactly how you must be feeling.We had a tenant Feb '06 notify us he is suing. He slipped...no witnesses...on ice in the driveway in Feb.
Hello...it's winter in Canada, and it was too cold for the salt to melt the ice.Of course they were behind in their rent.....and just got denied a student loan....(accidentally sawed their mail when they vacated)

Insurance company said for us not to worry, they will most likely pay him off.Of course I was furious, this just encourages people.

Like Geoff W said, if you evict, make sure you have valid grounds. Our tenant stopped paying rent.

Of course everyone says not to worry, it won't cost you a thing, included in your insurance. Guess who had their insurance premium increased?
We cancelled our insurance with that company not long after. Wonder if they are so quick to pay that tenant now, since they can't recoup from us any longer.

Insurance adjuster came to the house and took our statement..haven't heard anything in a year.

Hopefully Aus insurance companies have more balls than Canadian ones.
 
Surely tenants cant just sue because something happened? eg falling on ice in winter. Doesnt there have to be some kind of negligence involved, which means that the Landlord had to have been told that there was a problem likely to cause an injury, and the landlord ignored it and then an accident occurred? Or that a reasonable person should have known about (eg slipping on water in the grocery section in a supermarket - even if they werent told the water was there they should be inspecting it regularly to make sure)

The thing is, you are not allowed on the premises to regularly inspect for danger etc, you are reliant on the tenant (and possibly the PM) to tell you such things. If you are not told about things then how can you be held responsible for negligence. If the tenant told the PM and they did not tell you then maybe the PM is in a spot of bother.

Wow, this thing has legs, doesnt it!
 
The PM gave the tenant 8 weeks notice, their lease has expired. I have left this up to the PM to organise but am under the impression that it's being done by the book.
 
I was just thinking, at least in this case it isn't personal injuries, its property damage after all its a fake leg, should be limited to the cost of a new leg.
 
I will bet this tenant will say it caused a lot of pain to his stump.If he fell that hard wouldn't he have other cuts or bruises as well?
 
kathryn d said:
I will bet this tenant will say it caused a lot of pain to his stump.If he fell that hard wouldn't he have other cuts or bruises as well?
Click to expand...

Maybe it happened a while ago and has only just recovered from those. Or maybe he was down at the pub drinking with his mates and they cooked up this scheme?

I am thinking too, unless the leg was brand new, dont you only have to 'make good' - ie bring it back to where it was just before the accident? So if it was say 10 years old, you only need to pay the amount (assuming you were in fact liable) to replace a 10 year old leg, and the other party has to make up the balance? That is what happens with car accidents, the Insurance party will only replace with second hand parts, and if they have to use a new part because second hand parts are no longer available, then you have to pay the difference.
 
Bruises and cuts wouldn't make any difference, the Civil Liabilities legislation that is in place in most states in Australia requires that the injured part have a permananet impairment, and i can't really imagine that this would be the case, especially given that the leg was already partically amputated.
 
Insurance companies won't waste their time or money on a court case for this small amount of money.In my opinion, they will settle out of court, and the policy holder pays a higher premium.
That's what our insurnace broker told us when we informed we were being sued by our tenant. "Just a cost of doing business, and being a Landlord"
 
Another update, my tenants lawyer contacted my PM late last week and said "if we don’t receive any compensation from the landlord by Tuesday 5th June we will start with legal action".

My insurance company has advised me to "Say nothing".

I will keep updating when legal action starts.
 
HI Mark
it sounds as if you are still at the try on stage - if the tenant's lawyer was really coming after you - he/she would have done a title search and the letter/contact would have been directly with you - asking you to pass onto your insurer.
Good to hear that your insurer is on board and working with you.
thanks
 
Have they actually given you a letter of claim yet? Like they do with traffic accidents - with full details, witness statements and 2 quotes for repairs?

OK, have read it all through again. All you have to do is 'make good' if indeed you are found to be liable. You dont need to replace an old leg with a brand new one.
 
Mark C said:
Another update, my tenants lawyer contacted my PM late last week and said "if we don’t receive any compensation from the landlord by Tuesday 5th June we will start with legal action".

My insurance company has advised me to "Say nothing".

I will keep updating when legal action starts.
Click to expand...
Mark, I'd be happy with that so far. The ins coy is doing the right thing by you. Tis a game of bluff at present. So don't get too rattled. This is not really your battle...tis between the tenant and your insurance coy at the present time.
 
Pushka said:
Have they actually given you a letter of claim yet? Like they do with traffic accidents - with full details, witness statements and 2 quotes for repairs?

OK, have read it all through again. All you have to do is 'make good' if indeed you are found to be liable. You dont need to replace an old leg with a brand new one.
Click to expand...

Pushka,

I received one letter asking for money for full replacement of a prosthetic leg. 1 Quote, no witness statements and no evidence of any damage. He still hasn't aksed to have anything repaired to the house.

I am actually quite looking forward to see his next "step".

Mark
 
My insurance company has sent around a solicitor to interview my PM and has notified me that I will also be interview in the coming weeks.

Money has started to be spent, but importantly not by me.

The tenant was supposed to be out of the house on the 20th, I am waiting on confirmation of this.

Mark
 
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