Tenants in Denial... won't move out

[Perp]

Anyone is entitled to walk onto any residential premises so long as:

1. They do not go past the main front door
2. They do not access locked gates etc
3. There is no current AVO

To be pedantic (guilty ), I think you need to add:

4. They are entering the property for a lawful purpose and
5. The common law "implied consent" to enter has not been withdrawn.

Point 4 rules out people intending harm to or theft of property or people, etc.

Point 5 allows the person with the legal right to occupy the property (the tenant in this instance) to place clear notices at the access points to the property notifying the public that the implied consent is withdrawn (eg private property, no trespassing, do not enter without an appointment etc). In such an instance, it is a trespass to cross the property boundary.

Combine these common law principles with the usual lease clauses that the tenant is entitled to "quiet enjoyment", and a landlord absolutely cannot go knocking on the door every day. In fact, without notice, they shouldn't ever knock on the door.

Yes, you can drive by. But taking photos, staring (or sitting across the road observing for a lengthy period), and/or speaking/yelling at the tenants, though, may be a cause to legitimately complain of harassment, or breach of quiet enjoyment under the lease.

 

[Perp]

I totally agree that when non-payment of rent gets to this point, it should be considered a crime of theft... and it is sort of.

Of course it's a crime!

We will never see the money as they are on centrelink benefits and I believe in Australia you can't garnish welfare benefits...

I'm delighted to tell you that this is incorrect. You have to try to get them to enter into a repayment agreement first etc, but if other methods of debt collection fail, you can absolutely garnish social security payments.

Though I will have to pay someone to clean, garden, mow, pest control etc because we won't be here to do it ourselves - more money we will probably never recover.

Some of that - cleaning and pest control etc - can probably be withheld from bond (or added to the debt you recover), provided your lease allows. Gardening costs, generally not, but maintenance, cleaning, repairs, and possibly pest control (depending on specific lease wording) can probably be added to the amount owing. Just make sure you take photos of cleaning, repairs, etc, and keep receipts, to substantiate the debt.

 

[slumlords]

Thanks Perp! I am absolutely delighted with the link you provided. I will endeavour on Monday, with witnesses, to get at least a verbal agreement to a repayment plan. I think I will take a written agreement for them to sign - maybe Mr Policeman will hand it to them for me The biggest challenge will be to get a forwarding address if they do a runner over the weekend...

I appreciate your addition to Chilliblue's post on the access issue. We are very aware of the tenant's right to provacy afforded by the rental agreement, hence we have been proceeding with caution... we don't want any positives for these people. We have not and will not step a foot out of line. We've had several offers to 'move them on' but have politely declined stating clearly that we are doing this by the letter of the law...

In terms of recovering the extra expenses... the bond money is well and truly expended however the court has left the $ value of the determination open until such time as we get them out and total all rent owing and all other expenses. The PM has advised us that the tenant does have to maintain the gardens. Our concern is that just before they moved in, we installed a new retic system in the back yard, new shrubs and mulched the garden beds which all cost a fair bit plus a day's labour. So if they haven't maintained it or if their dogs have trashed it, they will be responsible for the cost of restoring it - another expense added to their bill...

Well, time for drive through the country I feel

 

[slumlords]

I'm delighted to tell you that this is incorrect. You have to try to get them to enter into a repayment agreement first etc, but if other methods of debt collection fail, you can absolutely garnish social security payments.

Perp, I have just looked into the link above and it appears these provisions are only for debts owed to SS / the government, not private debts http://www.fahcsia.gov.au/guides_acts/ssg/ssguide-6/ssguide-6.7/ssguide-6.7.1.html

However from other research I understand that we can serve notice on their bank to garnishee their bank account - apparently once their ss payment lands in the bank, it is just money...

 

[kathryn d]

Perp, I have just looked into the link above and it appears these provisions are only for debts owed to SS / the government, not private debts http://www.fahcsia.gov.au/guides_acts/ssg/ssguide-6/ssguide-6.7/ssguide-6.7.1.html

However from other research I understand that we can serve notice on their bank to garnishee their bank account - apparently once their ss payment lands in the bank, it is just money...

We ask for postdated cheques. On occassion we have taken their cheques to their branch to be cashed on the day the money is deposited into their account. This is when they are in arrears and have already moved out.
Have also taken NSF cheques, and paid the "certified" charges and had them cashed.

 

[slumlords]

Thanks Kathryn d, unfortunately these are not the sort of people that have a cheque book... the one and only time they paid rent, it was cash...

 

[slumlords]

Well, time for drive through the country I feel

... no obvious signs of moving...

 

[Terryw]

I think you will find garnishing can be possible only if they are earning $x or above. They need some money to live on. Bank accounts may be garnished too, and you may be able to get orders to seize and sell certain property (ie stuff) they own - if any.

Once they move the hard part will be tracking them down to do all this.

 

[Lisa1965]

Awaiting the updates slumlords. Dying to know what happened with the tennants.

Cheers

Lisa

 

[Lisa1965]

I think the tennants have kidnapped slumlords... ahhhhh