Tenant who knows how to work the system!
- Thread starter James Bond
- Start date
I'm not referring to anything special - just that landlords seem to be adverse to learning residential tenancy rules and regulations. And instead are all too happy to complain and ask for law reform without even knowing the current laws as they stand.
Its just like any other area of law - I don't see landlords whining in the same way about discretionary trusts - most I imagine are more than willing to learn about them and how they can be used for asset protection and tax minimisation.
I've said so many times before, (although I'm sure most people disagree with me) the various RTAs around the country strike a fair balance between the rights of landlords and tenants - but if you don't know what those rights are, or how to use them, then funnily enough I don't have much sympathy when a landlord complains.
The same things apply for RTA tribunal/court procedures. For example, and as applicable to this thread, there are probably strong grounds to oppose an adjournment, particularly in the case of a tenant that hasn't been paying rent.
PS. You guys are the first people to even ask me about RTA laws from a landlord point of view, so that's a step in the right direction.
You make a good point. But I have delegated that to my PM and I do expect them to know the system.
JB
I have read the Qld RTA and I still don't see how I can speed up the process of evicting tenants. I popped into the local magistrates court a few weeks ago to see if I could get any info on how the hearing works/even sit in on one. I found a whole range of contact numbers and brochures geared to renters from different organisations and Government departments but nothing for the landlord. I think the only way I could have gotten an earlier hearing date is by asking the PM to lodge the application with the Brisbane City magistrates court instead of the one closest to the property. They may be swamped with work as well though.
I've read previous QCAT decisions which are available on their website. You only need to read a few to find they often make decisions based on factors other than law.
One of the places I find is really helpful to know the tenancy laws and also to see tenants side of the story in Victoria is the Tenancy Union Website. I learnt from one of their factsheets about what they advise tenants to do in break lease situations - stop paying rent in the hope that the landlord will evict and then tenant may not be liable for rent up until a new tenant is found...
Always a good idea to know your 'enemy'
Tenancy Union of Vic website. http://www.tuv.org.au/
Always a good idea to know your 'enemy'
Tenancy Union of Vic website. http://www.tuv.org.au/
Tenancy Union of VIC have caused no end of headaches for me as a PM. I've had tenants stop paying rent when repairs not done (ordered, waiting on parts to arrive) on their advise. I now refer tenants to Consumer Affairs VIC if they want advice and warn tenants that have spoken to the Tenancy Union that they have likely received illegal and incorrect advice.
Take heart though, I've had tenants turn up to VCAT preaching the things the Tenancy Union told them. The member got furious with them and the tenants left in tears - it doesn't always go their way in VCAT!
Take heart though, I've had tenants turn up to VCAT preaching the things the Tenancy Union told them. The member got furious with them and the tenants left in tears - it doesn't always go their way in VCAT!
pronto
Your situation is not uncommon and please accept my sympathy. The commentators who suggest criminal action to solve issues have little experience or knowledge of PM as it would only make your position worse. Years ago I withdrew from residential PI and would never return as I feel residential landlords are disadvantaged as legislation is predominately aimed at tenant protection. Years ago I sold my three residences and moved to commercial PI. Was a smart move and have done well. Once you recover your house and get rid of this tenant, just hope he/she does not punch out the walls of your house as he/she goes! Then sell and think about commercial PI where, if they fail to pay your rent, you arrive next weekend and change the locks. That is legal in PI and makes the scenario a while lot different. My commercial tenants pay all outgoings on top of the rent - including rates, land taxes, all maintenance costs, gardening, you name it. Just so much easier. In plain English, I recommend that when you can, get out of residential PI and into commercial PI.
Your situation is not uncommon and please accept my sympathy. The commentators who suggest criminal action to solve issues have little experience or knowledge of PM as it would only make your position worse. Years ago I withdrew from residential PI and would never return as I feel residential landlords are disadvantaged as legislation is predominately aimed at tenant protection. Years ago I sold my three residences and moved to commercial PI. Was a smart move and have done well. Once you recover your house and get rid of this tenant, just hope he/she does not punch out the walls of your house as he/she goes! Then sell and think about commercial PI where, if they fail to pay your rent, you arrive next weekend and change the locks. That is legal in PI and makes the scenario a while lot different. My commercial tenants pay all outgoings on top of the rent - including rates, land taxes, all maintenance costs, gardening, you name it. Just so much easier. In plain English, I recommend that when you can, get out of residential PI and into commercial PI.
I always hope and pray that this does happen.
At least then there is no doubt that malicious damage has been done and insurance has no option but to pay for repair and repaint plus loss of rent while its being fixed.
We got access a few days ago. The tenant has punched holes in the walls, smashed all the fly screens, soiled the carpet, marked all the walls majorly, smashed down a fence and a garden gate and removed roof tiles (the assessor said this was so they could hide drugs in the roof).
They have also left mounds of rubbish, and bizzarely, a fairly good outdoor furniture set and a very large rock which I have no idea how I am going to move.
I am very glad I was insured.
JB
They have also left mounds of rubbish, and bizzarely, a fairly good outdoor furniture set and a very large rock which I have no idea how I am going to move.
I am very glad I was insured.
JB
Its good to hear you are covered. Insurance is a must!.
In WA the landlord is able to enter the property to conduct 'Emergency Repairs' without the tenants permission at any time. I have heard of landlords removing the 'unsafe' front door for 'repairs' whilst in a court battle with tenants. After a few days without a front door the tenants usually leave. <- This may be an urban legend story so i dont recommend anyone actually remove the door.
In WA the landlord is able to enter the property to conduct 'Emergency Repairs' without the tenants permission at any time. I have heard of landlords removing the 'unsafe' front door for 'repairs' whilst in a court battle with tenants. After a few days without a front door the tenants usually leave. <- This may be an urban legend story so i dont recommend anyone actually remove the door.
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Pronto
Congratulations and good riddance to them. They will repeat their behavior though to the next landlord. Insurance claims always leave us out of pocket so not the full answer and so-called solutions like removing the front door sound smart but open the landlord to retributive action by the tenant or a court. I recommend you read my earlier reply again. Sell your residential PI and consider commercial PI. A few tips - buy a new property (high depreciation), long lease (say 7+3+3 much easier), reliable tenant (government, large company), tenant to pay all outgoings (incl rates and maint, 3 to 4 % annual increments with 3 reviews (at 7,3,3). Lending authorities will love you. Keep away from service stations - their pollution laws require specialist knowledge. Wish you good luck next time. This forum has good advice on commercial property.
Congratulations and good riddance to them. They will repeat their behavior though to the next landlord. Insurance claims always leave us out of pocket so not the full answer and so-called solutions like removing the front door sound smart but open the landlord to retributive action by the tenant or a court. I recommend you read my earlier reply again. Sell your residential PI and consider commercial PI. A few tips - buy a new property (high depreciation), long lease (say 7+3+3 much easier), reliable tenant (government, large company), tenant to pay all outgoings (incl rates and maint, 3 to 4 % annual increments with 3 reviews (at 7,3,3). Lending authorities will love you. Keep away from service stations - their pollution laws require specialist knowledge. Wish you good luck next time. This forum has good advice on commercial property.
