Tenant refuses to pay any more rent!

Ausprop said:
the toothless aspect would be getting them fined in the first place, however once fined it is like any other fine that has to be paid. It can be used as a threat tho i.e. is the tenant aware of their breach of law?

thanks for the exacting link Dazz.
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But again, who fines them, ? and what do they do to them to get the fine?

I had a mate who worked in NSW Debt Recovery. Once you refuse to pay speeding fines, parking fines, etc they took away your license and deregistered car. Hence Teeth. :mad:

If the fine was interstate they has less teeth. And if the owner didn't care then they were toothless.

I may be wrong? Peter
 
To any rule breaking tenants and their advocates who might be encouraged by this thread into thinking that all owners and PMs believe that the owner should always be the one to 'suck it up', be aware that the views expressed on this site may not represent the views of all or even many owners and PMs.

Rest assured for instance that we as owners will never be bluffed and will always play it straight down the line. We have found it ultimately more cost effective. Our insurers rightfully expect us to do that, but we would anyway and we request our PMs in advance discussions to do the same.
There are a couple of posts here that should be re-read and the use of debt collectors should be assumed wherever possible.

Word does get around.

Rental property is no different to any other business.

No reasonable person would argue that the direct and indirect costs of the shabby behaviour of poor tenants and the advocates who encourage them should be passed on to good tenants in the form of higher rents.

Yet that is what inevitably does happen, even if it takes a flight of investment money from rental property in some areas to do it.
 
fisherman said:
To any rule breaking tenants and their advocates who might be encouraged by this thread into thinking that all owners and PMs believe that the owner should always be the one to 'suck it up', be aware that the views expressed on this site may not represent the views of all or even many owners and PMs.

Rest assured for instance that we as owners will never be bluffed and will always play it straight down the line.
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Yes, I am sure most of us are in the same boat here but it seems you are implying that do something different?
Can you please run through the steps you use to ensure a rogue tenant pays.
 
Scott No Mates said:
As others have said, you are behind the 8 ball and have to cut your losses however there are two options when it comes to going to the tribunal:
a) apply the outstanding rent against the rent (and your insurer won't give you the balance)
b) seek termination of the lease by the judge (then have the debt followed up by a debt collector), apply the bond against any damage. Why? If they have an enforceable judgement against them the insurer can chase them, it goes against their credit record (not just TICA). When it comes to the release of the bond, have the final inspection (have the agent go over the place with a fine tooth comb and claim it against the bond).
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This is something the PM's should be making aware to every Tenant when they sign the lease - they will be pursued and recorded for any wrongful stuff.

It should also be a standard rule that all Tenants be put on a central database which lists previous leases and history of tenancy etc.

A bad tenant would have a lot of trouble getting a roof in future if this was the case.
 
Ausprop said:
I've got a court order against some ex-tenants but it's prety useless because I can't find them
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Yep - this is also covered under section 53.3....and also worth a $ 1,000.00 penalty.


http://www.austlii.edu.au/au/legis/wa/consol_act/rta1987207/s53.html


....but as you've found out, if they skulk off without a forwarding address, it's very hard to serve them notices about failing to provide a forwarding address if they haven't provided a forwarding address.

Yet again, the Landlord is left holding the baby.


It doesn't matter which rabbit burrow you decide to go down with respect to Tenant's doing the wrong thing, this is always the end result.
 
Having had to go to the CTTT as a tenant (lease break situation, property was put on the market without us being told, well within our rights to break the lease, bond withheld, no damage to property) I have to say the tenants union are a bunch of not nice words.

I was annoyed at our situation, but I just wanted the bond back. I didn't care about seeking a decrease in rent for inconvenience, because you know what? It's not the owners fault that the property manager was incompetent and ignorant of the law.

Still, 5 from 5 now for getting 100% of the bond back and getting glowing references. I think Bayview and ScottNoMates ideas above. I'm sick to death of competing against people for a property who may just trash the place and skip off to the next one without settling their debts.
 
Lessons learned with tenants having a young family... after a couple months..they split..she was left with a 3 year old and a two month old but and what made it incredibly hard was the social worker handling her financial affairs (I believe she was a druggy)... so NO to young families esp when you don't have PROOF they are married (anyone can bluff with rings).. no steady work either. Long story short... took over 7 months to finally evict them from one of my properties which included a visit to court for damages to the new carpet.
 
well this thread inspired me to pursue that court order. I can't seize and sell assets as I don't have a resi address, however thanks to facebook I have a place of work, so I can drag them in to court for a means enquiry and I think they would have to fess up theor address??.... annoying tho that as the plaintiff I must be present for the means enquiry. I'll do it but gees what a pain and time that I can't really spare.
 
oh I am sure I could send my lawyer down there but on his hourly rate plus travel I would be better to go to the casino and put the money on black!

thanks for the link Thatbum
 
OK - update. My wife together with the PM inspected the place yesterday, despite the fact that the tenants are defaulting on the rent the place appears to be in acceptable condition and they have said they will clean, although we're ready to re-do it if they don't.

What is the process (in VIC) for me to obtain their bond to cover the unpaid rent? Not sure if it is relevant, but the tenant said they are going to be leaving Australia.

Thanks for any advice

JB
 
James Bond said:
Not sure if it is relevant, but the tenant said they are going to be leaving Australia.
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yes that is very relevant if their bond doesn't cover their unpaid rent and damages.


on my matter, thanks to facebook again, I have located a resi address so am ready to push ahead now, but I will still go down the path of a means enquiry as opposed to an asset seizure and sale.
 
Great the place is clean, that's one relief.

We had this issue once with pig sty tenants and dilemma of whether to advertise with or without them in place. We ended up putting our original pics of the prop on the web (prior to pig styers moving in) with no inspections scheduled until after they had moved out. We collected details of interested tenants in advance, just to be on safe side.

Hope its all resolved quickly and painlessly for you!
 
James Bond said:
OK - update. My wife together with the PM inspected the place yesterday, despite the fact that the tenants are defaulting on the rent the place appears to be in acceptable condition and they have said they will clean, although we're ready to re-do it if they don't.

What is the process (in VIC) for me to obtain their bond to cover the unpaid rent? Not sure if it is relevant, but the tenant said they are going to be leaving Australia.

Thanks for any advice

JB
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If you have a PM, they will know, that's what you pay them for.
 
They can sign the bond over to you by filling out the bond claim form with zero to them and signing it with the balance to yourself. If they dissappear you will have to apply to VCAT for the bond and if they agree you fill in the same form and attach the ruling to it.

cheers
 
James Bond said:
OK - update. My wife together with the PM inspected the place yesterday, despite the fact that the tenants are defaulting on the rent the place appears to be in acceptable condition and they have said they will clean, although we're ready to re-do it if they don't.

What is the process (in VIC) for me to obtain their bond to cover the unpaid rent? Not sure if it is relevant, but the tenant said they are going to be leaving Australia.

Thanks for any advice

JB
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Did the tenants know who you are?
 
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