Tenant defaulted......sob story....what should I do?
- Thread starter ballontree
- Start date
the PM quotes this:
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s246.html
246. Non-payment of rent
(1) A landlord may give a tenant a notice to vacate rented premises if the
tenant owes at least 14 days rent to the landlord.
(2) The notice must specify a termination date that is not less than 14 days
after the date on which the notice is given.
so PM says, need 14 + 14 days.......or else VCAT will throw out the application
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s246.html
246. Non-payment of rent
(1) A landlord may give a tenant a notice to vacate rented premises if the
tenant owes at least 14 days rent to the landlord.
(2) The notice must specify a termination date that is not less than 14 days
after the date on which the notice is given.
so PM says, need 14 + 14 days.......or else VCAT will throw out the application
Bulls_t: music; symphony orchestra
termination date in the NTV, to be 15 days from the date of notice (ensuring 14 clear days).
28 days to the END of eviction
NOT
28 days to the beginning
on the fifteenth late day (ensuring 14 clear days), issue the tenant notice to vacate(NTV),another_pm said:
termination date in the NTV, to be 15 days from the date of notice (ensuring 14 clear days).
28 days to the END of eviction
NOT
28 days to the beginning
Nothing in the act says wait any longer than 14 days
get a better pm
and learn the rules yourself,
the landlord is liable and responsible,
do not assume that the pm gives a f___
get a better pm
and learn the rules yourself,
the landlord is liable and responsible,
do not assume that the pm gives a f___
I think that's what my PM did?
just to clarify, can't get my thick head around this contract wording.....
Day 14 - tenant late in payment for 14 days
Day 15 - send out a 2 weeks notice to vacate
=================================================
== Day 15 + 2 weeks + 1 day for clearing the 2 weeks notice ==
=================================================
Day 30 - apply vcat
Did I finally get the whole picture?.........
I know what "Lil Skater" said, but which "rule" from the residential tenancy act can I use to convince my PM it's 14 + 3 days for VCAT?
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/
PM insist it's 14 + 14 days for vcat, or else vcat will throw the application out
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/
PM insist it's 14 + 14 days for vcat, or else vcat will throw the application out
When we issue notices to vacate, we also apply for our hearing dates at the same time.
We had a tenant move in 1 July.
They became late on 31 July (differene rules here in Canada)
The day we issued them the Notice to Quit, we also handed them the tribunal date (6 Sept).
They want to stay, and made a payment that next week.They are still 4 weeks in arrears at this point.We gave them a notice that we will permit them to stay, if they catch up before the hearing. At the hearing we will be requiring a "mediated settlement". This means if they break the conditions (male partner must provide cheques written on his account) or we will terminate their lease. There are no appeals with mediated settlements.
Yesterday they paid all arrears.(hearing is still scheduled)
These would have been problem tenants, if we hadn't nipped it in the butt.
They may still be, but we are a whole lot closer to receiving our order from the Sheriff..if required, for eviction
We had a tenant move in 1 July.
They became late on 31 July (differene rules here in Canada)
The day we issued them the Notice to Quit, we also handed them the tribunal date (6 Sept).
They want to stay, and made a payment that next week.They are still 4 weeks in arrears at this point.We gave them a notice that we will permit them to stay, if they catch up before the hearing. At the hearing we will be requiring a "mediated settlement". This means if they break the conditions (male partner must provide cheques written on his account) or we will terminate their lease. There are no appeals with mediated settlements.
Yesterday they paid all arrears.(hearing is still scheduled)
These would have been problem tenants, if we hadn't nipped it in the butt.
They may still be, but we are a whole lot closer to receiving our order from the Sheriff..if required, for eviction
day 15, plus sufficient time for postage if not delivered in hand, apply vcat
notice to vacate, and waiting for a hearing are concurrent
My reading of this is that your responsibility is just to issue the notice to the tenant, after 14 days- giving them a minimum of 14 days to move out
this and this
From my reading of this (and I am in NSW, and have gone through the process here, but I'm not sure of Victoria.) there is no requirement by the landlord to go to VCAT. However the tenant has the right to go to VCAT- so it may be wise to schedule the hearing yourself to ensure that the problem gets resolved more quickly. So although application could be made before the 14 + 14 days, the hearing would be scheduled after- well, my reading of it.
As Bob said- notice to vacate and waiting for hearing are concurrrent.
Why not get Lil Skater to take over the tenancy and have her do it for you?
Time to change PM
Contact Sharyn Callander at Raine & Horne in Werribee. She spent 10 years in the Bacchus Marsh/Melton areas. Although she is in Werribee she still manages properties in those areas. Google her number and give her a call on Monday.
Contact Sharyn Callander at Raine & Horne in Werribee. She spent 10 years in the Bacchus Marsh/Melton areas. Although she is in Werribee she still manages properties in those areas. Google her number and give her a call on Monday.
current PM is not keen to do VCAT, director of company shouted over the phone, we will let you know when we do VCAT
have contacted other PM, they are not keen to take over it as it might go VCAT and they said they might not have the knowledge of the tenant to deal it court.
it maybe true but it seemed that it's not worthwhile for PM to take over a time bomb, probably other PM will take over when tenant is changed;
have contacted other PM, they are not keen to take over it as it might go VCAT and they said they might not have the knowledge of the tenant to deal it court.
it maybe true but it seemed that it's not worthwhile for PM to take over a time bomb, probably other PM will take over when tenant is changed;
So let me see if I understand this.... your property manager is only prepared to manage your property if it all goes smoothly and there are absolutely no issues, ever, with your tenants?
and people wonder why we self manage....Yeah, not sure too
They said they didn't know the details to appear in court
Yeah, if I were the pm, I probably wouldn't want to take up something I had to go to court for
There's a lot who properties to manage without having to go to vcat in the first week
They said they didn't know the details to appear in court
Yeah, if I were the pm, I probably wouldn't want to take up something I had to go to court for
There's a lot who properties to manage without having to go to vcat in the first week
And was told not to contact them everyday.
I was like ?! What?!
I didn't contact them everyday, just the 15th day to ask for updates on the vcat
OP hasn't posted since 23/10/13....
http://somersoft.com/forums/showthread.php?t=92587
I wonder if this is the same tenant or another?
http://somersoft.com/forums/showthread.php?t=92587
I wonder if this is the same tenant or another?
Sliders slide, money talks . . . . suggest to anyone managing a property that when arrears reach day 15, issue a termination notice with a letter adjusted to each tenant saying that the 15th day of arrears automatically triggers eviction proceedings which may be put on hold if the arrears are paid immediately.
However even if the arrears are paid, and if you have a persistent slider you want to move on, there is still provision for proceeding to a Tribunal to ask for orders (on the basis or serious and persistent arrears) for
(a) the tenant to pay the rent on time and in default be granted orders for termination of the tenancy and possession of the premises and
(b) orders for termination of the tenancy and possession of the premises. Makes it easier to secure eviction next time in Tribunal.
Landlords don't have to put up with serious and persistent arrears because every time the sun sets on an unpaid day, it is a serious breach of an essential term of the lease and there is no more essential term than the one that states " the tenant must pay the rent on time."
Rock firm politeness is viewed as professionalism and minimises arrears, tolerance and wavering is viewed as weakness and encourages arrears.
Good luck
cheers
crest133
However even if the arrears are paid, and if you have a persistent slider you want to move on, there is still provision for proceeding to a Tribunal to ask for orders (on the basis or serious and persistent arrears) for
(a) the tenant to pay the rent on time and in default be granted orders for termination of the tenancy and possession of the premises and
(b) orders for termination of the tenancy and possession of the premises. Makes it easier to secure eviction next time in Tribunal.
Landlords don't have to put up with serious and persistent arrears because every time the sun sets on an unpaid day, it is a serious breach of an essential term of the lease and there is no more essential term than the one that states " the tenant must pay the rent on time."
Rock firm politeness is viewed as professionalism and minimises arrears, tolerance and wavering is viewed as weakness and encourages arrears.
Good luck
cheers
crest133
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