Court Hearing delayed until AUGUST.

[Jess Peletier]

I've got my first non paying tenants who have been sporadic in payments for over 6 months - we had court today where the registrar said we couldn't see a magistrate to get them evicted until August. I was under the impression that was what was happening today.

Quite clearly this is absurd - had anyone else faced such stupidity?

 

[Perp]

we had court today where the registrar said we couldn't see a magistrate to get them evicted until August. I was under the impression that was what was happening today.

Grrrr.

Is that just because they're too busy, or because you need to jump through some more hoops yet? (e.g. Give them yet more chances to catch up?)

 

[Jess Peletier]

To busy apparently. We're trying a couple of other courts but I'm not too hopeful - it'll be at least another 2/3 week delay.

 

[FFChaser]

ok
I am in the situation ATM but different state

so according to my understanding that in the mean time ur insurance company wont pay the loss of rent until the tenant vacates so that means not until August in ur case? One will just have to keep paying the mortgage payment while receiving no rent? OUCH if its true

 

[Ausprop]

time to talk to some friends in low places?

 

[thatbum]

Unfortunately those are the normal wait times to get a trial listing for a minor civil matter in many of the regional Magistrates Courts. Some are much worse - Freo you might be waiting until October or November if you're unlucky.

Perth central courts are generally a lot quicker however.

 

[Jess Peletier]

Yep - we're trying as many as possible to see what we can do - thankfully their lease runs out well before August, but even 5 weeks longer of potentially no rent coming in, and zero rights/options is crazy.

Re insurance not paying out until they leave - not sure but probably. That's what my LOC is for, so a bit of extra interest will be paid (might try claiming for that too?!) but defaulting isn't on the cards thankfully!

 

[Lil Skater]

Oh my gosh! How can they do that?!?

It's taken me about 5 weeks at the moment, then again I've been on the phone non-stop calling to push it through. If you annoy them enough, they'll do it!

Is it possible to move to another court? In difficult situations like this out here in Melbourne we generally try and request the matter to be heard at King St - but the bloody tenants can give reason this is not convenient for them

Good luck, hopefully you get something before August!!

 

[Rhinsor]

Wow, is the property in Perth?

I remember about 3 years ago I had a non paying tenant.
I logged a court hearing online and was in in two weeks.

 

[thatbum]

Wow, is the property in Perth?

I remember about 3 years ago I had a non paying tenant.
I logged a court hearing online and was in in two weeks.

That would have been a first appearance before a Registrar. If the matter is opposed, it will need a proper hearing date, which is where the delay often is.

 

[Rhinsor]

That would have been a first appearance before a Registrar. If the matter is opposed, it will need a proper hearing date, which is where the delay often is.

I thought it was a judge. The tenants did not show up in court, I took the oath, spoke for a few minutes and provided documentation, then got the order approved in about 20 minutes.

Tenants didn't move out on the date of the order and had to lodge an application with the sheriff.

 

[thatbum]

I thought it was a judge. The tenants did not show up in court, I took the oath, spoke for a few minutes and provided documentation, then got the order approved in about 20 minutes.

Tenants didn't move out on the date of the order and had to lodge an application with the sheriff.

Sounds about right.

Registrars can only deal with matters by consent or if a party doesn't appear. A full hearing requires an adjournment to the next available civil hearing date in front of a Magistrate (Judges only sit in the higher courts in WA).

Parties not abiding by an order of the court will mean further enforcement proceedings as well.