I am a landlord who has experienced a situation whereby tenant moved out of my property 4 weeks before end of lease and did not pay rent that was due for this time.
I have been through the appropriate legal channels to claim portion of bond and the entire process has been fraught with inefficiency and errors on behalf of the tribunal.
If anyone on this forum has some legal knowledge and able to steer me in the right direction it would be most appreciated.
Essentially the first tribunal hearing I was not informed about because the tribunal recorded my contact details (address etc) incorrectly and sent communication to the wrong address.
Therefore at the hearing they ruled in the tenants favour and returned all of her bond.
I lodged a rehearing application along with copious amount of evidence and documentation and paid my $37. The rehearing was granted, but yet again they sent the hearing documentation to the wrong address. Fortunately, it was actually forwarded on to me a week before the hearing.
Because I am located 700kms away from the area where the hearing was taking place I requested a telephone hearing and gave them my correct contact details verbally and in writing. Despite my following up with the tribunal via phone call and email over several consecutive days I was unable to obtain a confirmation that the telephone hearing had been granted. I was told the file was with the tribunal member who was travelling and between cities etc etc.
The hearing was scheduled for this morning. I called 1 hour before to check on progress and again nothing could be confirmed until the tribunal member had arrived at the court with the file.
The time of the hearing came and went and I had received no telephone call. I have since received an email from the tribunal saying that they received my request for telephone hearing, however, as the tenant has no further issues to discuss the matter has been withdrawn !
I am totally gobsmacked at the inefficiency of the tribunal and their disregard for fair treatment. Why would we pay $37 and request a re-hearing if we didn't have anything to say ? it would appear all our documentation has just been ignored by this latest tribunal member. I feel like we do not have any legal rights to be heard in respect to what has happened and to give our side of the story.
I have been through the appropriate legal channels to claim portion of bond and the entire process has been fraught with inefficiency and errors on behalf of the tribunal.
If anyone on this forum has some legal knowledge and able to steer me in the right direction it would be most appreciated.
Essentially the first tribunal hearing I was not informed about because the tribunal recorded my contact details (address etc) incorrectly and sent communication to the wrong address.
Therefore at the hearing they ruled in the tenants favour and returned all of her bond.
I lodged a rehearing application along with copious amount of evidence and documentation and paid my $37. The rehearing was granted, but yet again they sent the hearing documentation to the wrong address. Fortunately, it was actually forwarded on to me a week before the hearing.
Because I am located 700kms away from the area where the hearing was taking place I requested a telephone hearing and gave them my correct contact details verbally and in writing. Despite my following up with the tribunal via phone call and email over several consecutive days I was unable to obtain a confirmation that the telephone hearing had been granted. I was told the file was with the tribunal member who was travelling and between cities etc etc.
The hearing was scheduled for this morning. I called 1 hour before to check on progress and again nothing could be confirmed until the tribunal member had arrived at the court with the file.
The time of the hearing came and went and I had received no telephone call. I have since received an email from the tribunal saying that they received my request for telephone hearing, however, as the tenant has no further issues to discuss the matter has been withdrawn !
I am totally gobsmacked at the inefficiency of the tribunal and their disregard for fair treatment. Why would we pay $37 and request a re-hearing if we didn't have anything to say ? it would appear all our documentation has just been ignored by this latest tribunal member. I feel like we do not have any legal rights to be heard in respect to what has happened and to give our side of the story.