Hi
Some years ago the neighbour of one of my properties wanted to fence.
Fair enough, the common fence was literally falling down, and as they agreed to install a higher fence that was OK with me.
She did the running around getting quotes, and wanted to use a particular fencing contractor. I had suggested my usual contractor but he was booked out, so in due course I received the 'half share' bill which I signed and faxed back to the contractor.
With a few alterations.
I crossed out and signed the penalty clause ie x% interest if the account was not paid within 48 hours of the fence being finished, and some other rubbish clauses
So a date was agreed and the timber appeared in a heap on the nature strip. Then the contractor decided that as the neighbour had a shed against the boundary that they would have to prefabricate a section of the fence and that this would increase the cost by eg $100.
So out came a new invoice, which again I crossed out and signed the penalty clause and faxed it back.
Within minutes, a very irate Mrs Contractor rang and abused me in no uncertain terms regarding the alterations. I asked her for her Finance Provider registration number and other details of their legal capacity to 'provide finance'.
She became almost hysterical, eventually screaming down the phone that the 'deal is off' and that they would not, under any circumstances, deal with me.
I then contacted my fencer of choice, who rang these disgruntled people and offered to buy the timber from them, but they hung up on him.
Darren then did the fence the next week, I paid the invoice, and everyone was happy.
Many people are simply ignorant of the law. They think they can put something on a scrappy invoice and putting it there makes it legal. It doesn't. The fact that most consumers get one or two fences done in a lifetime - if that - means that consumers are vulnerable to exploitation.
Fair enough, the contractor wants to get paid, and we want to collect rents on time, but we are not finance providers, we are not providing credit, and the provisions of residential leases are determined by law with remedy for late payment offered by the courts.
We are out of pocket by nearly $2,000 from our most recent eviction. The tenant has obviously no intention whatsoever of paying the rent arrears. However, there is not much I can do except apply to the Magistrates Court to have the debt officially recognised and then either make an insurance claim or set the debt collectors on to her.
Either way costs me more money which I cannot recover, but at the end of the day it comes down to this: It is a nuisance and very annoying when people do not keep up their end of a bargain, however I have learned to just say 'bugger', deal with it and move on.
I have learned much from being a landlord and the value to me of the properties far exceeds a month or two of rent here or there. So of course I would like to be able to charge interest, I would like to have tenants who respect the contract of the lease, but in the scales of life it is neither here nor there.
Cheers
Kristine
