Tenant who knows how to work the system!

J

James Bond

July 31st - Tenant last paid rent, paying up to August 21st
Sept 6th - Tenant given notice to vacate for failure to pay rent
Sept 20somethingth - First VCAT date
Tenant requests adjournment due to medical reasons. VCAT agrees.
Oct 4th - Second VCAT date
Tenant requests 2nd adjournment. VCAT agrees
Oct 18th - Third VCAT date
Tenant requests 3rd adjournment. VCAT declines.
At VCAT I am awarded possession of the property. Police requested to evict.
October 25th - Tenant appeals VCAT decision. Appeal permitted.
Nov 4th - will be fourth VCAT date.

So I have a tenant living in my house, whose rent ran out August 21st, and who will probably be in the house until at least Nov 18th.......

Extraordinary - I never thought that under VCAT a tenant could get 3 months free rent!!!!

Hopefully the insurance covers it.

JB
 
Hi James_Bond,
Sorry to hear about your predicament and something i want to avoid like the plague.
Are you managing urself or via re?
I'm looking at both options,you or anyone,what is the easier/best scenario?
Cheers Spades.
 
Nope, not self managing, I have a PM who is attending all the hearings, and opposing the delays without success

I have informed the insurance company who have opened a "report" (Suncorp).

Once we get the tenant out, I am going to have a meeting with the PM and ask what they will do to avoid this situation reoccurring. Does anyone have any suggestions as to what I could ask for here?

JB
 
Hi JB,
These tenants(4rseholes) who know how to work the system need a hint.
I'll be employing bikies to ram the message home if they want to play hardball.
Cheers Spades.
 
Spades said:
Hi JB,
These tenants(4rseholes) who know how to work the system need a hint.
I'll be employing bikies to ram the message home if they want to play hardball.
Cheers Spades.
Click to expand...
There will probably be a few of those coming down from Queensland looking for opportunities ;-)
 
The fact that the tenants know how to work the system might indicate that they have done this before. I would be questioning your PM's tenant vetting process and suggesting a more prudent background check for future tenants.

Unfortunately, rogue tenants occasionally slip through even with the best of background checks. Fortunately for all of us, these "professional" squatters are the exception and not the norm.

Best of luck.
 
We once paid a claim under "denial of access" for a similar situation of 39 weeks. The worst I had heard of was 52 weeks in a Brisbane property, someone that really knew how to play the system, they weren't with us and for that matter I'm not sure whether they were insured or not. Both of these were some years ago and I believe the system has been tightened up considerably since so shouldn't reach these proportions again, but we cover up to 52 weeks in this circumstance just in case.

I've always believed these are some of the most devastating types of claims for a landlord, particulary if it was once your PPOR, as it's hard to imagine that someone can continue to occupy your property, with you still paying the mortgage, rates etc., and not pay anything. Add to that whatever damage they may be causing. It's just so drawn out.

Hopefully Suncorp come to the party, I'm not sure of what they cover in this circumstance.
 
brettc said:
Hopefully Suncorp come to the party, I'm not sure of what they cover in this circumstance.
Click to expand...

I hope so too.

They cover 14 weeks of rent arrears, unless there has been malicious damage when they will cover 52 weeks of rent.

I just want to get the tenant out..................sort out the finances later!

JB
 
James Bond said:
I just want to get the tenant out..................sort out the finances later!

JB
Click to expand...

I agree. This one can be a very emotional situation, I recall some years ago having a phone call from a landlord who was working overseas, and had rented out their PPOR while they were away. It had been going on for months and you could just hear the desperation, wanting the tenants out of their home, they just couldn't believe that someone was just occupying their property, it was horrible.

I also remember the good old days when a high profile agent in Sydney was known to have the water and electricity cut off and a whole range of not so savoury (and no doubt illegal) things to get rogue tenants out. He made quite a name for himself.
 
brettc said:
I also remember the good old days when a high profile agent in Sydney was known to have the water and electricity cut off and a whole range of not so savoury (and no doubt illegal) things to get rogue tenants out. He made quite a name for himself.
Click to expand...

Ha ha,nice,thanks!
 
Hi Brett,
I'm facing a similar situation. Lease ended 4 weeks ago, the tenant didn't move out (can't find a new house), QCAT hearing is almost 8 weeks after the date they should have moved out. Unless they paid rent over the weekend, they have only paid up to the end of their lease. Hopefully QCAT doesn't adjourn the hearing and the police can serve the warrant and get them out soon after the hearing date.
My insurance is through EBM, should I call now and open a file or wait until after the QCAT date or after the tenants vacate?
 
This is every IP owner's worst nightmare and happens far too often. All states and territories need to rein in the freedom these "squatters" have and give some power back to the good guys.
 
allegria said:
Hi Brett,
I'm facing a similar situation. Lease ended 4 weeks ago, the tenant didn't move out (can't find a new house), QCAT hearing is almost 8 weeks after the date they should have moved out. Unless they paid rent over the weekend, they have only paid up to the end of their lease. Hopefully QCAT doesn't adjourn the hearing and the police can serve the warrant and get them out soon after the hearing date.
My insurance is through EBM, should I call now and open a file or wait until after the QCAT date or after the tenants vacate?
Click to expand...

It's not a specific requirement but I just checked with the claims manager and she said that it would be best to give us a call on 1800 661 662 and discuss the possible claim, just to make sure things are progressing along the correct lines, and it can then be phone noted against the policy. It can't hurt and it could help. Just call and advise you would like to discuss a likely claim with a claims person.
 
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