Hi
I work as a Property Manager and I manage a few properties in the Rockingham area, so I can walk you through it.
First of all, a Bond disposal form should be sent to the tenant. SHould have been done ages ago. If the tenant has not provided a forwarding address then of course you cannot do this. If hte tenant has been sent this, and two weeks pass and they do not return it, then you can move to the next step.
the next step is to apply to court for the bond disposal. Like someone else said, you can apply JUST to have the bond returned, or you can apply to have an order fo rthe tenant to pay all outstanding. If you apply to have just the bond returned, the pm (and you) do not need to go to court, so the fees will be minimal ($26.70, and they may charge a preparation fee, we do, $66 from memory). If you apply to have the tenant pay all outstanding, the court has the PM appear (or the owner) and also asks either that you appera or you provide a letter with a good reason to explain your absense (eg you are caring for small children or you are sick in hospital or you are in a regional area, being at work is not considered a sufficient reason). We charge about $220 to appear on the owners behalf, and that will be deducted from the rent obtained via bond before it is given to you, and then of course just becasue you have a judgement doesn't mean the tenant has to actually pay it, you will need a debt collector for that (another cost). So, maybe it would be most economical to just claim Bond. Still, the other is satisfying and you never know she may pay.
So, the PM prepares court docs (these are available on line, if you do a search on perth magistrates court then choose Court procedures, forms and fees from left bar, follow your nose). It will need to be submitted with a $26.70 fee to Rockinham court. Rockingham court are EXTREMELY particular (I think the magistrate there has a power complex maybe) so with the form you will need to submit an affidavit, signed by a JP (there is one at the courthouse, they work mornings), each page stamped "this is document "a" in the affidavid prepared by (your name) witnessed by blah blah (they have a stamp). You will need all invoices. If you don't have an invoice, eg if it is gardening and you have done it yourself, then you cannot claim for that. You will need a copy of the rent transaction history plus Noitce of termination and proof that was sent. The courthouse will provide with with a special affidavit called "affidavit of service" to verify that the Notice of termination was posted to your darling tenant, that need s to be witnessed by J as well. And the original pcr, final bond inspection, photos, and info on where bond is held (eg bond statement from docep). And management authority and copy of lease signed by tenant. Put it all together, or actually your pm should, that is what they are for, post it to courthouse, hearing will be on a tuesday about two weeks after you submit it.
If you apply just to have bond released, same submission but you need not attend; they should send you a letter with result and notify docep (if docep hold bond) to release bond to your pm, who will then hold it in their trust acccount until end of month, deduct their sweet fees, give you balance.
If you apply to have full costs, you will have to attend. Or your PM. In Rockingham, the court is set up so that all parties are told to be there at 9:30 am , then you sit and wait your turn until you are called, your hearing will take about 4 minutes as the magistrate has already read your docs prior to the day. However you may have to wait until 11am before it is your turn ... the pm (or you) should take a copy of all the docs as they usually ask one or two questions, speciallising in whatever you are not expecting. Try and look humble, bow on arrival and when leaving, say "sir" or "your honour" at any random moment, allow a little extra time for parking as they keep on doing roadworks on whitfield av and sometimes parking is tricky. Also sit in the inside room so you can listen to the other cases while you wait as they are always interesting and other people will be far more worse off than you. (assuming you go and not just the pm). Once agian, the court will make a decision, hopefully in your favour if your case is watertight, and the order for bond disposal will be sent to docep and the order will also be sent to the tenant (if an address is available). Tenants rarely go to court.
Next, if you are after the whole lot, the PM should sent a letter to the tenant asking them to pay. Of course they won't. The PM should be able to arrange a debt collector for you. Different debt collectors have different charges, we use one that has a flat fee of $185, but it is only paid WHEN they collect any money from the tenant. The debt collector should be able to hound the tenant and maybe set up a payment plan, possibly involving garnishing their centrelink payments. In Rockingham court last time I was there I actually watched the magistrate arrange a payment plan with a tenant, the tenant owed about $6000, owned her own home, had three children from memory and one of them was working age the other two teenagers; they went through her living expenses and budget then agreed the tenant could pay $20 PER FORTNIGHT until it was paid off - isn't that giving her 11 years to pay it all off? So if you are arranging a debt collector you should get your money back but not real fast...
Anyway good luck, it is fairly straightforward. And you really do need a new PM.
