Tenant not paying rent

In Victoria, the minute they hit 15 days serve them notice - you can download them from the CAV website. If you mail it, registered post is recommended, they have 3 days (they call this time "the service period") before you can make an application to VCAT (if the rent owed exceeds the bond they paid at the time of making the application you can claim that too - wohoo!), which ideally should result in a VCAT hearing for possession - wohoo again! even if they pay before the hearing you can ask for an adjournment (generally 3 months) which means that if the fall behind by 1 day in their rent you can go to VCAT and get a possession order, followed promptly by a warrant of possession then bye bye tenant... if the tenant gets a 'Tenant-lover' Member at Tribunal you can still ask for an order instructing the tenants to pay X amount on a set date/s and if they don't stick to that you can go back and get a possession order....

Maybe next time your rent your property you can have an agency lease it for you? they have access to NTD & TICA and if they get you a crappy tenant, you can go back to them :)

Thats what we'll do for our next IP, we've done OK this far and my mother in law lives in one of ours as well
 
Find out why he is paying late (if he returns your calls).
It could be to do with his salary coming in on a certain date? Give him the option to change his rent due date and have him pay a once off amount adjusting the rent to a new due date.
If you cannot find out the reason or if he avoids your calls, wait until he is 14 days in arrears and send him Notice to Vacate, then make Application to VCAT for a Hearing 5 days after that. Even if he pays, take him to VCAT. If you have to take him to VCAT on a number of occassions, the member could rule in your favour.
Otherwise, just expect the rent to come in 2 weeks late and make sure you have enough funds in your account that your mortgage won't default.
When his lease is ~100 days from expiring, send him 90 days Notice to Vacate "End of a Fixed Term Tenancy of Six Months or More".
Hope this helps, I know I am a newbie to this forum!
 
How many times can a tenant extend a Warrant to Vacate our home?

Hi all,

Can anyone tell me how many times a tenant can extend a Warrant to Vacate our IP? We applied for Notice to Vacate, a warrent was granted, and now our tenant (who is now owing four months rent!!!) managed to extend this warrent. Thus, does anyone know how many times a tenant is able to do this? We are struggling because of this tenant as the Justice system only seems to favour the tenant? Do we landlords have any rights? This landlord mind you did not show up twice for any hearings. And still the Justice system favours them...
 
"They advised me that they sold their house and were cashed up and therfore had no references."

My previous tenants said that too. And the worst is that my ex-PM accepted the excuse and put pressure on me to accept the application. I learned a lesson. In the future, if an applicant says that he/she just sold their house as a result they don't have references, then my response will be "no lease if no references, and it's NOT negotiable". Also be careful if someone want to show you private references (rather than LLs or REs)

No bad tenants will tell you contact details of their current or previous LLs or REs. They also find a way to hide.
 
I am self managing have have been so for a long time. I normally find good tenants but for some reason I fell for it and dropped my gard. They advised me that they sold their house and were cashed up and therfore had no references. I will never get another tenant witout a rental history and a reference

I am self managing as well...usually when tenants claim to be "cashed up", ask for a copy of their bank statement. Some times work reference or rental reference are not reliable. I had an applicant who told me she works for Google in Macquarie Park. She provided her managers name & mobile number. Having done a quick search, Google does not have an office in Macquarie Park. I cross checked the number with my record, it's actually her own number i.e. she has 2 numbers....
 
Sorry to hear that dash8. Do you have land lord insurance? Am watching your posts for a happy ending... Money paid tenants out! It really makes you scratch your head at how people get away with it.
 
Hi all,

Some interesting points raised in this post that I would like to add to.

BAD TENANTS
Part of negotiating is getting to know personality types. I know and love a few people I wouldn't lease to in a pink fit. It doesn't mean they are bad people, in fact they are lovely, friendly, laid back (about EVERYTHING) people. I've had condescending, abrupt, rude etc tenants in the past who I personally disliked but always went the extra mile for because they fulfilled the landlords' basic goals - rent always on time, property well maintained, excellent return.

Looking for 'bad' traits when leasing to someone is helpful but its not the end of the story. If you are not good at distancing yourself from this (sometimes frankly battering) experience, you should use a property manager. If you are good at this but your time is better used elsewhere then you should use a property manager. If you are good at this and have plenty of time on your hands, self managing would save you money but even better - as many people have pointed out on this forum - we always need good property managers.

LACK OF RENTAL HISTORY
If there is no history listed on applications and no searches on Google or Facebook show up :)o - yes I use them) this can be a tough one. Property Managers have access to national tenancy databases - colleagues of mine have had old tenants return a couple of years after the listing begging to pay the outstanding money to have their names removed. Still, a tenant may only be listed on them of they have been REALLY difficult.

Let's face it - if we have plenty of glowing applications, the person without the history will miss out every time. The only time someone without a history gets a property is when there aren't better alternatives so deciding not to rent to someone who has no rental history can have you jumping from the pan into the fire if you have little cashflow.

If the price is right and you are just in a very tough market (little demand), I've found the best way to deal with this is, if the prospective tenants seem fine in every other respect, (i.e. employer references check out etc.) suggest a 3 month lease and explain that it is due to the lack of rental references - that it is essentially a trial period. Then at the end of that 3 month period, if all is good offer another 3 month lease, then at the end of that 3 months offer a 6 month extension on the lease. This has worked for me in the past.

I hate doing 3 month leases personally as they are a lot of work but more than worth it if you are not sure about someone and want to be able to get them out as soon as possible if things go pear shaped. This is a strategy for a given situation - don't use it on everyone as you will scare away good applicants who want stability. Chances are someone who has no rental references is being turned away everywhere else for no reason other than the lack of 'formal' rental references - and it could be an opportunity for both parties - particularly if the property is a problem property i.e. next to housing commission, no airconditioners when all other properties in your market have airconditioners etc.

Sorry if I've bored anyone to death with all that.

Have a good day :)

Jody
 
i got tenants thru hell whom dont want to pay up......9k in arrears an now going for tribunial.......in sa.....they keep lying an do i have a leg to stand on now, given them a form 3 to pay upto date, and now they dont want to pay an comming up with so much ********...like, rents too dear, you name it , they have an ecxcuse for everything, an all i want, is them out....
 
i got tenants thru hell whom dont want to pay up......9k in arrears an now going for tribunial.......in sa.....they keep lying an do i have a leg to stand on now, given them a form 3 to pay upto date, and now they dont want to pay an comming up with so much ********...like, rents too dear, you name it , they have an ecxcuse for everything, an all i want, is them out....
How on Earth did they get NINE THOUSAND in arrears???? :eek: :confused:

I gather you are self-managing. You must ensure that you know the regulations, and issue all notices as soon as possible (though I gather this advice comes far too late). If you have allowed this situation to drag on because you are a sucker for the tenant's excuses, then you need to get a PM who can do the job more professionally.

You should get an order that they have to repay you the $9K, but given how big a sum it is, the Tribunal may give them a very long time to repay it - perhaps years.

It's unfortunate, but you seem to have allowed this situation to develop, and now you're going to have to bear the consequences. :eek:
 
yes, due to my work an trusting in them in depositing moneys thru computer deposit to bank, i really never thought they would have done what they have, because i have bypolar, an now have just had a minour breakdown in trying to negotiate , it got a little out of hand, an i have ball passed it to my wife an daughter to handle it thru law channels, so , form 3 expired yesterday, an now have to go to the tribuinial, as they said to my wife last week when issued with form 3, they had to pay all up by yesterday, an they turned around an couldnt even give a $1...........aan they think they will get away with it, by lying an lying......i will reposes the assets of theres, can i do that!!..if the law doesnt help in the favour of the landlord.....am i looking future prob till they get out....
 
aan they think they will get away with it, by lying an lying......i will reposes the assets of theres, can i do that!!..if the law doesnt help in the favour of the landlord.....am i looking future prob till they get out....
You probably won't be able to seize assets immediately; first they'll be given a repayments schedule, which will take into account their expenses, and you may find that they only have to repay $10 or $20 per week, which is why I say it may take you years to get your money. If Centrelink is their sole form of income, there's even a possibility that you'll get "very very little". :(

If they don't adhere to the repayments schedule, then you may get an order to repossess, but it doesn't sound likely that they've got anything worth repossessing, anyway. :eek:

I understand that your health isn't good, but that's what makes it all the more imperative to pay a professional to manage your property on your behalf. If you're going to self-manage, you have to be far more pro-active. I suggest that when these tenants are out, you appoint a PM to find and manage your next tenant.

Good luck, I'm so very sorry to hear that you're under so much stress.
 
so, now, theres no contract cause form 3 has been issued, an now going to tribuanl as a form 7 will be issued in next day, how long before i can evict them........or get them out now ....i'll cop the loses......i just want them out....ild rather leave it empty an not trust any 1 any more....and also, will my insuriance cover me for loss'es....
 
Zimmy, it is unfortunate that things have progressed this far. Like Perp said, it is doubtful that you will regain all that has been lost.

I am unfamiliar with the specific forms you mention, as the rules change from State to State, but you really do need to get a PM to look after your properties if you can/will not do what has to be done. Self managing is a very hard task and not everyone is cut out for it. A dodgy tenant can tell if you are a sucker and will go to town on you.

Insurance, even Landlord Insurance will not cover your losses. To be eligible for cover, you have to show that you have done all you can to mitigate your losses, and unfortunately you have not done that.
 
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