I Have Been Breached By My Tenant - Need Help!

Discussion in 'Legal Issues' started by Kath Russell, 7th Nov, 2009.

  1. Deena

    Deena Member

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    Kath, I have followed this thread from the beggining. I cannot believe these people. I sympathise with you. All the strength and energy you are having to expede related to all of this nonsense these people have put you through. It has been a nightmare for you.

    Good they have dropped part of the case. May be with your continued strength and not relenting to thier demands, the new threats of court action will be just that, threats.

    I thought it cost a fortune to take cases to the Supreme court. Friends and family sueing too? What percieved case do they have. Gees they are going from the sublime to the ridiculous.

    I am glad, even though I am sure it will cost you a fortune, that you have a fulltime lawyer to deal with thier nonsense. Good you have spoken to the media and they are interested.

    Keep us imformed as I am sure you will. Good luck.
     
  2. skater

    skater Capitalist

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    Sheesh! What a joke! I really feel for you. They obviously know they have absolutely no grounds, but are making your life a living hell and costing you a small fortune in Lawyers etc. What spiteful, nasty people. AND why are they not listed on the tenant data base's?

    If they are dismissing the case, do you still need to turn up? Will they get charged court fees because of all they have done?

    If they are going to try the Personal Injury route, obviously they have a Solicitor who charges 'no win, no fee', but if it gets thrown out, do they have to pay Court Costs for that? Do they have a leg to stand on? How can they have Relatives & friends claim Personal Injury too?
     
  3. Perp

    Perp Member

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    I'm pretty confident the personal injury claims will disappear, too... Hang in there, Kath; this will pass.

    My kids (weather geeks) have been very excitedly watching TC Laurence develop and move about on the Bureau Of Meteorology website. I've been reassuring them that NOBODY lives out there, so they needn't worry. :D Obviously somebody does! ;)
     
  4. lizzie

    lizzie when i grow up ...

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    oh kath - i couldn't help bit give a "nose scoff" when i read you lastest comments. hang in their girl. they obviously haven't a leg to stand on, are pathelogical liars and i cannot believe any lawyer would take on their case.

    maybe i missed it, but what the heck was their personal injury supposed to have been? and how the heck could they possibly ring in their rele's?

    personally, i think they're full of crock and this is probably a bluff. i imagine your stressed to the hilt, but try and put it on the backburner until after you receive any official notification. i know you've got all your ducks lined up so there is nothing more for you to do.

    thinking of you big time.
     
  5. Peter 14.7

    Peter 14.7 Wannabee Farmer

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  6. wylie

    wylie Member

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    I agree that they will probably drop everything, as I cannot imagine a lawyer taking them on. My understanding is that "no win, no fee" lawyers only take on cases that they are sure they will win.

    The concern with having TV current affairs cover it is that you never know until it airs (possibly) which side they are gunning for. It could backfire if they take the "poor tennants being shafted by the rich landlord" slant :eek:
     
  7. marg4000

    marg4000 Member

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    Wylie is right.

    There was actually a court case fought over the portrayal of a man in a "Sixty Minutes" story where the story that went to air bore no resemblance to the actual events. The man won.

    Hard as it is, let the matter play out in the courts. As previously said, I strongly suspect there is no solicitor involved. And the "no charge" lawyers are VERY careful which cases they take on, as it is their money financing the case.
    Marg
     
  8. tubs

    tubs Member

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    Be caerful with the TV current affairs angle. Could look like you're adding to their stress. Poor tenants who have now had the TV crew set upon them.
     
  9. boods99

    boods99 Trust me, Im a top bloke!

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    Hey Kath,
    Hoping everything works out for you as I'm sure it will.
    If the lawyers have taken their case on, you could bet your bottom dollar they have been bending the truth with them also. In which case, when it all comes out in the wash, their lawyers will probably insist they drop the case. If by some small chance it gets to court, they will get shot down in flames. People who lie like this always get caught out in the end. They almost always forget what they have told people.

    Wishing you the very best...

    Boods
     
  10. lizzie

    lizzie when i grow up ...

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    if - and big if - this situation ever does end up with you being followed by a camera crew, as friend once gave me some great advice ... she had been threatened with aca by a vendor finance purchaser (she did nothing wrong but pest and building didn't pick up termite damange) ... and she had been told by an expert:

    do not hide/run
    make yourself very visible
    do not say anything
    smile your bigggest smile constantly

    apparently it gives them no usable footage.
     
  11. joanmc

    joanmc Member

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    I would just like to add my best wishes for you Kath. Hang in there. I am sure they are just trying to scare you or stress you out. Stick to the facts and let the law do the rest.
     
  12. pully

    pully Member

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    sorry to hear your saga is still progressing.

    how did the media hear about this matter?

    will your insurance company now act for you? i think you mentioned personal injury claims, 2 are being alleged by the tenant for litigation?

    presumably you had public liability/personal injury insurance to cover reports of injury to tenants?

    if so i would have thought it could have been dealt with in the usual way.
    if it was/is a fraudulent claim insurance companies have ways to tackle that, and would act accordingly.

    like i said earlier it is a pity this was not nipped in the bud and wrapped up earlier. instead it has escalated into apparent threats of supreme court action.
    it is very puzzling how it has got so out of control.
    i suppose when it is all over and behind you, it will be evident/clearer as to just what went wrong, and how to avoid it happening again.

    if the tenants are making claims that cannot be substantiated, that will be an issue for them. if they are vexatious litigants that will also be evident.
    painful to be a target i agree. good luck. it will not last forever. regards.
     
  13. Kath Russell

    Kath Russell Member

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    All Cases Dismissed

    WOW! What wonderful support thank you very much. I didn't expect to turn on the computer to update & see that. I'm touched. Truly.

    I didn't even get my mug on the video link (I'm 4000km away) as apparently the Magistrate opened the session and dismissed everything within three minutes as the Applicants didn't show. Which we knew was happening.

    CASE DISMISSED.

    All we need to do now is follow the normal procedure for having the bond released. We're CERTAIN the previous tenant won't agree to what we want so worst case scenario, we'll end up in the Magistrate's Court again, this time with us as the Applicant.

    I'm confident it will too. More bluff. Unbelievable they're extending now to family & friends :confused: Maybe they all pushed each other down the stairs?!

    Sorry for the now obvious misunderstanding, but it wasn't me who approached the media. That was the old tenants. They threatened that months ago too so I'm sure it's bluff. Again. Thanks for the advice Lizzie. I have no plan on running from anyone or anything (surely you've noticed by now!:) ) so if I am approached, I will have no problem in giving them any information they want. I don't want to make any more effort with these people now, but I'm prepared.

    We have Landlord's Insurance. We have an email from the tenant from months ago stating we will lose our house because of what they believe they can get out of us. They think they can take us on many sections of the Act and that they will receive any fines that we are charged with. They have no idea. As for any so called Solicitor they may have engaged the services of, if they have ANY integrity, they'll see through them.

    I will fill in the Bond forms tonight, cleanse them from my mind & all the mess we've been through in the last 6 months and start really enjoying the Christmas madness & excitement of my little children underneath the wet season skies.

    Thank you all for your support. I never thought I'd be part of this online world of forums but I am so grateful the world exists. I will update this thread as it evolves.

    I hope this remains as the worst thing that'll ever happen to us. We have learnt alot and it will only benefit our future investing endeavours.
     
    vincenzo likes this.
  14. Strannik

    Strannik Member

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    glad it all worked out
    hopefully next batch of tenants will be better :)
     
  15. kathryn d

    kathryn d Member

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    It's good to hear something is working out for you.
    It's tough when a tenant thinks you have wronged them...or see you as a way of getting free money. We have had a few tenants like this, but certainly not to the degree you are having to endure.

    I also read this thread with interest.
     
  16. boods99

    boods99 Trust me, Im a top bloke!

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    Excellent result KR!
    Just in time for a great Xmas!:)

    Boods
     
  17. marg4000

    marg4000 Member

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    Good news, Kath.

    And don't worry about their having a solicitor, the first thing a solicitor would do is write to you and instruct you to direct all enquiries or mail through them.
    Marg
     
  18. Kath Russell

    Kath Russell Member

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    Thank you Marg. I thought that may be the case. Better than dealing direct if it happened. Still, I hardly thought about it today, for a change. Good though :) I'm sure it's all bluff. Cheers
     
  19. vincenzo

    vincenzo World domination conquest

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    That's awesome, Merry Christmas Kath :)
     
  20. Petal

    Petal Member

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    Well Kath, you have made 66 posts, lets hope the next 66 posts are on something more pleasant for you :)