Tenant suing for a new TV, has this happened to you??

[Sungam]

This tenant is going to be his own worst enemy methinks..

I'll let everyone know how it goes with the TV..

 

[JASA]

Hi All,

I was hoping that someone could offer me their views, experience, insight and opinions on a tenant issue that I am having a the moment.

Here goes....

two weeks ago I get a phone call from my property manager stating that

1. Tenant is willing to sign an other lease for 6 months at the current rent (they had been trying to get a $75.00 reduction)
2. The tenant wants me to buy a New Plasma Screen TV!

Apparently the property lost power and the Tenant rang Energex to inspect. The energex guys said that there was a loose wire in the Switchboard that had caused some "arcing", resulting in power loss. According to the tenant his plasma screen TV has stopped working and he now wants $1800.00 from me to buy another...

My property manager (speaking to the Tenant) said "no way", get your insurance to cover it. From the conversation that ensued we believe that he doesnt have any...

My Electrician went out there as soon as he could get entry (Tenant had changed phone numbers without notifying anyone). My electrican said that any number of things could have caused the arcing and any number of things could have blown up his plasma. He did report that my tenant had muliptle computers and printers plugged in, lots of double adapters and switchboards and NO surge protectors, he said that the extra drain on the power supply from these multiple devices could have caused the arcing...

Anyway he fixed the problem he said it was a blown circuit that caused the arcing, no mention of any loose wires...

The Tenant has since rung my electrician to try and get a letter from him saying that the house is "electrically unsafe", which he has refused to do.

The Tenant is adamant on taking me to small claims to get money for a new tv.

Alright, so

1. Do you think I am laible? (as soon as we were notified it was fixed), everyone I has spoken to, including energex dont seem to think so, my electrician told me "If he was my tenant I would tell him to get F@cked, he should have had a surge protector"

2.going on from point 1. is there a chance that he could get a ruling in his favour in court?, has anyone had a similiar experience?


Also, My PM rang today and said that the Tenant told my electrician that he was going to report "all the defects" on my house and then hold me in breach!

His rent is due tomorrow..... he consistently late...

thanks[/QUOTE

He is probably annoyed at missing sports on his TV Plasmas are dirt cheap now, maybe offer to contribute toward replacement as gesture of goodwill. But don't admit liability.......Is this a one off or is your tenant a regular pest?

 

[ziggy2214]

?????????????
Have you sent him his eviction notice and his rental increase yet?

 

[BayView]

Also, My PM rang today and said that the Tenant told my electrician that he was going to report "all the defects" on my house and then hold me in breach!

His rent is due tomorrow..... he consistently late...

thanks

Call the PM on Mon and tell them to issue the tenant with a breach for late payment, and make sure they follow up with an eviction notice if it's not rectified within the correct timeframe - 2 weeks usually.

If they haven't been doing this in the past when the tenant has been late, then you need a new PM.

On the other matter; let him sue you.

The worst thing that can happen is he wants you to buy a plasma and you either will have to buy him one, or you won't.

If the court (if it ever gets to that stage) makes a ruling in his favour, it doesn't mean you have to buy it the next day...if you know what I mean.

 

[Perp]

If the court (if it ever gets to that stage) makes a ruling in his favour, it doesn't mean you have to buy it the next day...if you know what I mean.

Orders usually have a time limit on compliance, and if you're even one day late, the tenant can register the default at the Magistrates Court and it goes onto your credit file, so it's not worth mucking about with.

 

[Terryw]

Courts issue orders called judgments. eg. an order for compensation of $xx. It then goes on the credit file of the person awarded against -whether they pay or not. It would be listed as a court judgment. In NSW this would probably go thru the CTTT, Consumer Trader & Tenancy Tribunal, or it could go through the local court.

If the tenant gets a judgment against the landlord then they will have to enforce it. Sometimes the person will just pay up, other times they will have to seek further orders to garnish wages or bank accounts, or send the sherrif around to seize property which is then sold to satisfy the debt.

 

[Perp]

Courts issue orders called judgments. eg. an order for compensation of $xx. It then goes on the credit file of the person awarded against -whether they pay or not.

I can't speak for other states, but in QLD, if an order is made against you at QCAT, if you pay on time it doesn't go on your credit file. If you're a day late, though, the other party can apply for a default judgement, and that would go on your credit file. (I've just been through this myself this past month; my bond - over $4K - was released to my former landlord due to an administrative error, then when I got a judgement that they had to return it to me, they refused to comply with the order. )

 

[fokas]

sungam

1. He Wants A $75 Rent Reduction
2. He Is Threatening To Take You To Court
3. He Is Late With Rent Payment

why Are You Even Letting This Guy Have Any Discussion, Tell Him To Find Another Place And To Take His Crappy Tele With Him, Make Sure Your Insurance Is Up To Date, Find Someone Else To Move In And Let Him Worry About The Small Claims Tribunal.

Jezza

+1! .......

 

[Nathan]

I would get rid of tenant immediately

you will get a hugher rent with a better tenant in most cases.