I Have Been Breached By My Tenant - Need Help!

I thought I'd exhausted alot of avenues but never thought of that - because I think they're bluffing & will try anything to make me & our Property Manager's look bad.
 
Is this a threat?

Minus personal details, this is an email I received last night, which I won't be responding to. I then received it via fax today, with a covering letter. Those details below aswell.

As you are aware there are currently three cases in progress through the magistrates court in ***

We realise that this will mean inconvenience and further costs to you and us also.

Due to our relocation and other matters, litigation (public liability and personal injury) has been delayed.

We do have a solicitors appointment on the afternoon of the 17th Dec 09 at which point we plan to launch claims for myself and ***. On initial discussions with the solicitor he has indicated a sum over $100,000 is not unreasonable compensation for what we have endured. This may take some time and further expense and of course you will be required to attend all of the court proceedings.

We would rather not have to re-live all of this unpleasantness.

We really just want to replace our damaged TV set, top box and stereo.

Are you willing to settle all of these matters out of court for a significantly lower sum?

We are happy to discuss this with you. I am sure we would all like an end to these matters.

..........and this is the fax message from today with another copy of the email..............

In an effort to resolve matters without going through the court process any further, we are prepared to settle out of court for the sum of $5000 to put an end to all of these matters.

In short form :

We really just want to replace our damaged TV set, top box and stereo.

What?!

we are prepared to settle out of court for the sum of $5000

What?!

N O

We are still going to trial this Thursday. I've just spoken to our property managers and agree we are not negotiable or paying ANYTHING. They got a copy too. I didn't ring them. They rang me to make sure I said no! It's Sunday, but they are so dedicated to this. :)

We think they're attempting again to either put fear into us or they're frightened of a Magistrate finding them out so don't want to go to trial. I can only presume. Who is the solicitor? We've been asking for their details for months.

I now feel with this latest correspondence, they're threatening I need to pay them $5000 or they're going to go ahead with litigation for now over $100,000. One or the other. I'm not going to reply and I will be forwarding this onto the Magistrate so they can see once again they are just wasting our time.
 
$5k seems to me to be their legal feesIn which case they have no case. Do you want out?:confused: Or want them.:mad:

If they had a case they would not make such a low offer. Of course to purse with cost you $5k is legals anyhow so principal and revenge is against commercial settlement.

I was once here and took the commercial rout but it was business related. Hard Call.

Good Luck, Peter
 
with the info you have given it seems you have elected to engage in a personal battle with these people?

this all sounds as if it should have been nipped in the bud long ago?

what i would like to understand is why if this is a claim for personal injury/public liability, albeit also now escalated into a bit more, 3 cases in the courts??

why is the insurance company not dealing with this matter?
they have the resources/experience etc, and surely that is what we pay our insurance premiums for, to act when needed?

getting personally involved regardless of experience with tenants etc, does not seem wise or necessary?

just wondering why the insurance company is not acting in this matter.
hard for you now in the thick of it, but perhaps if confronted with this again, would you have chosen a different path?

not familiar with residential tenancy rules in wa, so forgive me if that is the way things are done there.
sounds a nightmare. regards.
 
with the info you have given it seems you have elected to engage in a personal battle with these people?
WA Residential Tenancy Act court issues are heard in the Civil Court. I'm the owner. Although we have a property manager, the Magistrate has ordered that I appear before them for the trial. It is personal. They want my money. They're suing ME.

this all sounds as if it should have been nipped in the bud long ago?
*&@(# .........yes!

is why if this is a claim for personal injury/public liability, albeit also now escalated into a bit more, 3 cases in the courts??
We were originally breached for a mountain of things. We were then before the Magistrate & advised of a totally 'amended' breach. We're also going for the bond. The tenant applied to have it released to them. So that's 3 cases. The injury claims are separate from this again.

why is the insurance company not dealing with this matter?
They are fully aware of everything that's been going on.They only intervene when there IS a claim. I haven't been ordered to do anything. I've had legal advice. For residential tenancy issues, you can't have legal representation unless both parties do, or it's agreed to. I have to be involved as I lived in the house prior to the tenant & I my husband & I are really the only people who can verify work done etc that relates to their claims.

Nightmare. I understand that. I'm starting to believe it's a lesson. Hopefully, school will be out after Thursday's trial.
 
Thanks for your comments Peter.

Do you want out? Or want them.
Are you suggesting I pay them out to get rid of them? Paying them a cent for unjustified claims to me is equivalent to just handing anyone on the street $5000. Infact, I'd rather do that.

If they had a case they would not make such a low offer
Aint that the truth.
 
My gut says that it is just a money grab. Maybe they don't even have a solicitor, since you can't get any details from them. Even so, I would still be tempted to just pay them because you never know how these things would turn out. But if you do that, make sure you have a written agreement with their signatures on it, that states that there will be no further action on their behalf once they receive the monies.
 
My gut says that it is just a money grab. Maybe they don't even have a solicitor, since you can't get any details from them.
I'd be willing to bet that they don't. I would think that no solicitor would take them on on a "no win, no fee" basis, because they don't have a hope, and their actions suggest they're not paying for advice. I reckon there's no solicitor.

I wouldn't settle, either.
 
we live in world where everybody seems to be trying to sue everybody, we also live in a world where nothing is your fault, eg. if your overweight its the fast food companies fault for forcing it down your throat,

and to be honest, the ones that are doing the suing are usually the unintelligent and dodgy ones trying to take the system for a ride.

I could bet my kidney that they your tenants are completely full of S*&T!

they might have sought some legal advice from a friend for free or one of those free lawyers for an hour, but the fact that don't give you any details means they don't have one.

they probably know that their chances of success is less then high so they aren't going to hire a lawyer,

and if you seriously thought you were entitled for $100k would you settle for $5k????!?!?!!?! hell, I might settle for $50k-$100k, but $5k, what a joke.

I love it when these types of situations occur, you know they are full of crap, just call their bluff and threaten them with legal action yourself and see them squirm their way out of it.

maybe sue them for personal distress and I ll bet they will agree to cancel their $100k claim out if you pay them $1000 to fix their silly tv or whatever the gadget in question is!

or maybe just give them the name and address of a friend of yours, and just call them "High Profile Lawyers John Smith and Associates of Australia", and wait for a letter withdrawing their complaint!
Good luck, keep us posted
 
I could bet my kidney that they your tenants are completely full of S*&T!

We've been saying that all along!

WE WILL NOT BE PAYING A CENT. NOTHING CAN BE JUSTIFIED.

Giving them anything is equivalent to throwing money in a fire! It's equivalent to awarding my children for bad behaviour. It aint gonna happen!
 
Also with people like this if you do pay them one cent and even if you get them to sign some sort of waiver, you will in effect be admitting some sort of liability to them and I bet London to a brick they will be back again someday using that against you!
 
Exactly. That's why I'm not responding at all, asked our property managers not to respond on our behalf and will deal with it at the trial on Thursday.
 
Exactly. That's why I'm not responding at all, asked our property managers not to respond on our behalf and will deal with it at the trial on Thursday.

what will that acheive? I m not one of those silence is powerful type of people.

Wouldn't it be better if you said something along the lines of "Bring it on!" or do you think that they might go and strengthen their case in some way when they realise that you are not giving in?
 
what will that acheive? I m not one of those silence is powerful type of people.
They KNOWI'm not negotiable & it is up to the court to decide what happens. We have NO CHOICE but to go to court on Thursday. It's an official trial. If I don't go, it's contempt & the Magistrate could favour their application. I'll use their latest fax / emails for strength if it comes up.

I'd like to tell them more than just bring it on, but I have to remain the good guy. They've dug a very big hole.
 
I'll use their latest fax / emails for strength if it comes up.
Just be aware of the rules in that particular Court. My understanding is that offers to settle are generally inadmissible, though I may be mistaken.

I think the logic is that if your willingness to settle for a certain amount were able to be used against you when it goes to trial, nobody would ever negotiate and try to settle out of Court... and the Courts would prefer it settles without their involvement where possible, so they encourage negotiating by making anything about such negotiations inadmissible.
 
Got legal advice

After obtaining further legal advice, I've replied to the previous tenant, confirmed receipt of their faxes & emails via email, reconfirmed my acknowledgement the matter is set for trial and that I await the determination by the Magistrate.

There is no arguable case. We have no reason to go to court. We have nothing to defend.

As per their advice, they'll sue me for $100K if I don't settle out of court. So, as I'm not settling out of court, I've done a bit more research on them today to be prepared. Oh dear....what a mess!

This forum is fantastic for being surrounded by like minded people. My telephone calls in regards to these people are ending up developing a community of like minded people in itself!

Will see what Thursday brings.
 
Kath, go see a psychiatrist and get a letter, claiming that tenant's behavior and constant hearing adjournments affected your mental health, gave you a depression and put you on a brink of suicide. then send it to court and also file a suit against the tenants for damages.

my ex-hubby did this for our divorce mediation - the reaction from both the mediator and lawyer were "so what, you bought it upon yourself."

don't stoop to their level - thinking of you and wishing all the best. i completely understand why you are seeing this thru ... it has now become a matter to self-principal rather than financial (even tho the financial also figures).

also, if they get away with this now - who will be their next target?
 
Now THEY'RE dismissing the case!

Email today - previous tenant dismissing case.

No longer pursuing case through Magistrate's Court as I rejected their $5000 offer to get rid of them.

They're now going for litigation for two personal injury claims in the District & Supreme Court.

Relatives & friends may also claim for illness & injury

This matter may yet become a class action

A television current affairs program have expressed an interest in covering the story when it goes to trial

The property managers are now being separately sued for defamation due to their apparent lodgement of their names on the TICA & RPDATA "bad tenants" list. TICA & RPDATA don't even HAVE that type of list. None of us have put them on any such list.

They're requesting their bond be refunded in full.

They're NOT attending the Magistrate's Court session tomorrow.

After tomorrow's Magistrate's session - by the way, to get there, I have to drive 72km one way, through creek crossings, a category 4 cyclone warning and have arranged someone else to look after my children - everything will be put in the hands of a lawyer full time.

What a waste of bloody time.....................
 
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