Tenant in arrears, going to Tribunal

Poor Tenant.

We went to a QCAT hearing Friday seeking a notice of vancant possession.
We had sent two registered mail letters with Notice to leave.
The first they say they didn't get
The second was returned unclaimed.
So the (Hanging) judge decided that since they hadn't receive the notices then the case was dismissed.
No we have to start all over again and probably get the same result in court.
These QCAT judges are total unreal.

Life's not fair - get used to it!

Good luck.
Bazza

Sadly, if you do not pay the extra to get a copy of receipt, they can claim non receipt, when they did.
 
I still don't know what state she has the house in!

So it's been another 5 weeks since you last posted.

the Judge decided he would give her 2 more weeks before he would issue the warrant so she could have a little extra time. So the police will come 2 weeks after that.

Did the police come last week ??

These threads always start off as long winded moans about all of the things that Tenants have done.....but hardly any of the thread starters ever go full circle thru the maze of Tribunal waffle and come out the other side, after all financial costs have been incurred and tell the full story.

We've seen so many of these on the forum over the years, and very very few end well.

What happened ??
 
Isn't the whole point of registered letters that there is proof they have been received? Don't they have to sign for them. If the second one was returned, doesn't that mean the first one was signed for?

That?s exactly what I thought Wylie.
The tenants lied at the hearing saying that they did not receive the first notice. I pointed out to her honour (aka hanging judge) that the tenants knew about the notice so therefore they must have received it. But that is just an assumption and does not prove that they actually received it.

The same judge a couple of months ago, said that although the tenants had agreed to be notified by email on the Tenancy Agreement, that there is no provision for email in the Residential Tenancies Act so all communication must be sent by registered mail. That case was dismissed because we had send the tenant a Notice to leave via email giving 7 days notice as recommended by the RTA.

Cheers,
Bazza
 
What happened to 4 days travel by mail to their address being sufficient to ensure the notice is "deemed" to have been served ? Sometimes the snail mail is the best way and while it's a slow steam roller, it carries massive weight when it arrives. Can only hope the Tribunal member has an investment property and will learn by painful experience.
Good luck
Cheers
crest133
 
What happened to 4 days travel by mail to their address being sufficient to ensure the notice is "deemed" to have been served ? Sometimes the snail mail is the best way and while it's a slow steam roller, it carries massive weight when it arrives. Can only hope the Tribunal member has an investment property and will learn by painful experience.
Good luck
Cheers
crest133

Hi Crest.
We sent other notices by snail mail but the tenants didn't receive those either. The other option is to serve the the notice in person but they would also deny that probably.

What would happen if next time I get a Telstra or Enegex bill I just say i didn't recieve the invoice. QCAT defies commom law!

Cheers,
Bazza
 
Hi Crest.
What would happen if next time I get a Telstra or Enegex bill I just say i didn't recieve the invoice.

I have had a bad run of not receiving mail, so in general I know. They will send you an overdue notice, then an SMS. Then in accordance with the terms you agreed to on page 142 they will cut you off. It's a lot harder to cut off rental supply.

This happened four bills in a row with AGL. I only discovered it hadn't been paid when I received the SMS. Turns out I entered a competition and in the fine print agreed to receive emailed bills (that were sent to a junk email account).
 
They will send you an overdue notice, then an SMS. Then in accordance with the terms you agreed to on page 142 they will cut you off. It's a lot harder to cut off rental supply.

Exactly, that is normal business practice. Yet QCAT thinks they can (and does) other then this without reference to common law.

Cheers,
Bazza
 
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