Tenants threatening tribunal

[Tim86]

Bummer about the reference - ugh. Was it from a real estate agent? If not, I'm guessing it was fake. Do you do you any due diligence on referees, e.g. at least check if they're listed in phone book, or call them at work, or something that makes them other than "a random person with a mobile phone"?

And just as an aside, I wouldn't assume that $750 income is "plenty" to cover $350 per week rent. I think the ABS considers people in "housing stress" if they pay more than 35% of their income on rent/mortgage, and by that measure, they could only afford around $260 pw.

Edit: And I really don't want to rub it in, I feel for you. I hope you and your family get the really good sleep you deserve tonight.

That's $750 per week net. was the 35% based on their gross income?

Add to that centrelink paid their first 2 weeks rent just for the hell of it, then the salvo's paid another weeks rent for them, and centrelink gave them a bond loan.

I hate seeing these sorts of people bludge on the dole when they can work, take from tax payers, take from charities, and then turn around and pull the sort of crap they did.

There's so many people in need that get screwed over because of people like this that rort the system.

 

[Perp]

That's $750 per week net. was the 35% based on their gross income?

Not sure, but can't imagine they were paying a lot of tax such that it makes a big difference.

In any case, I just checked, and housing stress is actually defined at 30%, so that would put them at only being able to pay $215 pw.

Anyway, no doubt these are the kind of people who make my blood boil, too.

 

[Scott No Mates]

I hate seeing these sorts of people bludge on the dole when they can work, take from tax payers, take from charities, and then turn around and pull the sort of crap they did.

There's so many people in need that get screwed over because of people like this that rort the system.

But they were traumatised! So would you be if you had dog carp all through your laundry, junk strewn around the house, someone serve notice to vacate your home of three months or your possessions put out on the lawn for all to see.

 

[WattleIdo]

Not sure, but can't imagine they were paying a lot of tax such that it makes a big difference.

In any case, I just checked, and housing stress is actually defined at 30%, so that would put them at only being able to pay $215 pw.

Anyway, no doubt these are the kind of people who make my blood boil, too.

This kind of thinking would have me living below the poverty line too ....

 

[Perp]

This kind of thinking would have me living below the poverty line too ....

Only applies below $40K pa. If you're earning more than that, the % you can pay on rent/mortgage without being in housing stress rises, because your fixed costs aren't that much higher.

 

[Tim86]

Going to mail off the bond claim form tomorrow.

Quick question, should we use the bond to claim for the damages, and cleaning, etc... and a bit of the rent and then go to tribunal for the outstanding rent later?

OR should we claim the bond for the rent in arrears and try to get the damages at the tribunal later?

My thinking is that if you can use the bond for the damages, cleaning, etc... straight up, then when you get to tribunal you are only arguing the fact that they haven't paid their rent right?

That should be a much easier argument to make at tribunal as it's blatantly obvious that the were behind in rent. Rather than arguing at tribunal that the damage was more than fair wear and tear etc...

So I'm thinking of claiming on the bond, the water $230, 3 kitchen cupboard doors that need replacing, approx $100, kitchen bench top $100, cleaning $100, paint $100. And then add on some of the rent to bring it up to the full bond amount.

So if they don't dispute those claims then they'll go straight through on the bond refund and then we can take them to tribunal for the rest of the rent in arrears.

What do you think?

 

[Vixs]

I don't have any experience in that regard, but my logic would be the same as yours. If you can get the bond paid to you without getting dragged through the tribunal then use that for all the niggly small items. If there are any further costs, go to tribunal for the rent.

That said, the tribunal would probably get to 'So what did the bond get used to pay for?' and the whole thing would be moot anyway, as you'd likely need to break everything down to justify the further costs.

Would be interested in how it pans out.

 

[thatbum]

That said, the tribunal would probably get to 'So what did the bond get used to pay for?' and the whole thing would be moot anyway, as you'd likely need to break everything down to justify the further costs.

This. 10 chars

 

[wylie]

I don't know the answer about how to justify your bond claim regarding rent verses damage, but I believe that you cannot charge for your own labour if you have done the cleaning.

I would ring the RTA, or a local PM or maybe ring peterw from here who will either know, or will be able to find out quickly for you.

You need to ensure this is done right now, so you don't lose the opportunity to take them to tribunal (but maybe that is just a waste of money and time anyway).

 

[Perp]

As you'll have to justify the lot at Tribunal anyway, if you go that route, I'd put everything you intend to claim in the bond form. That hopefully ensures you'll still get the whole bond even if some of your claim is questioned, and also discourages the tenant from disputing the claim.

 

[wylie]

As you'll have to justify the lot at Tribunal anyway, if you go that route, I'd put everything you intend to claim in the bond form. That hopefully ensures you'll still get the whole bond even if some of your claim is questioned, and also discourages the tenant from disputing the claim.

Good advice. If the total comes to well over the bond amount, even if they pick off some things that are not allowed to be claimed, you still should get it all back.

Are you not able to send it electronically? You don't want your form to go snail mail and have your sneaky tenants send it electronically and beat you to it.

 

[Perp]

Are you not able to send it electronically? You don't want your form to go snail mail and have your sneaky tenants send it electronically and beat you to it.

You can only lodge electronically if they've signed off, so alas, no.

 

[wylie]

You can only lodge electronically if they've signed off, so alas, no.

Bugger! I know I've scanned and sent electronically before but clearly that is when things are "rosy" and both parties have signed. (I recall when RTA used to be open Saturday mornings for bond refunds too. I don't think they do that now.) Found this link, which clearly Tim has read as he knows the info, but for those who don't...

http://www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/Refund-of-rental-bond-Form-4