Do I need to go to court?

Hi All,

I've been taken to court by my crazy tenants and have a date to see the magistrate next week. Problem is it conflicts with an appointment I don't want to miss. My PM is going, is it really necessary for me to go?

If it's going to make a huge difference I'll cancel my appointments, but I'd really rather not if it's not going to make any significant difference to anything.

I've provided a written statements against all the allegations, and all reports and inspections have shown nothing in favour of the tenants.

Thoughts?

 

No, only PM needs to go.

 

You will be bored to death.

 

That is if the tenant shows up.

 

Is it local court?

The issue will be if the tenant does not consent to the tender of your statement the evidence may not get in. It really depends on the importance of your evidence.

If you can, maybe check how many matters are on the court list for the day, you may not get reached until later in the day and can be on standby for the PM.

 

What's the case actually about Jess?

 

I have been through the tribunal system in WA and I don't recall tenants having an option to consent or not consent to evidence. As @D.T. states it's usually handled by PMs. Owners are not required to attend.

 

Must be different rules of evidence. I assumed it was a local court matter (e.g. being sued) not tribunal. I haven't been through tribunal before and certainly haven't in WA.

 

Actually, you are right. The old tribunal has been replaced by the Magistrate Court. However, for claims under $10k the procedures are less formal.

Going to the Magistrates Court

@thatbum will know a lot more about it than me

 

Urgh -
Long story short, tenants think my house is making them sick. They've had all manner of reports - mould, air quality, moisture - done that have showed nothing, I've had people out that have showed nothing, they've provided (tampered with) reports they've had done that showed nothing, they've given a list of doctors visits and costs in an excel spreadsheet, (that they expect me to pay) but no actual doctors reports that show anything being wrong. They even called the council to come and inspect the house. (!!)

It's beyond crazy. They're after about $7k all up.

I've already let them break lease with no penalty so think that's enough.

 

Victim syndrome. I don't think you'll need to attend in person. PM should be able to show the reports showing that you cared for their wellbeing but found nothing. If they want to break lease they can, and pay the costs associated with that.

 

If its an actual hearing date, and not just a pre-trial, directions, or mention in front of the Registrar, you should almost certainly appear in person. You should also be prepared for the ordeal of a full civil trial.

I would normally assist you more directly Jess but it seems Perth is a small place, and from what you've said so far, I actually think I might be conflicted out of the matter.

 

Jess, have you been served with a summons to attend or given a subpoena to provide any documents?

 

Oh wow - okay thanks! See you in court then .

Will it be a proper trial like on TV? Will I have to sit in the stand and be questioned? Will I also get a chance to defend myself in the absence of a lawyer?

 

No. But seeing as it's a public forum and my favorite lawyer might be working against me, I might need to exit the conversation for now. Time to go prepare my arguments!

 

Oh I'm not acting for the tenants if that's what you meant. There's other ways to be conflicted out.

It will probably be fairly close to a trial as seen on tv I suppose. Your PM should be able to give you a rough run down of the usual trial procedure.

If you intend to give evidence (which you probably will want to do), you will be sworn in and placed in the witness box, as well as be open to cross examination by the tenants after you give your evidence-in-chief.

 

Oh I'm glad you're not acting for them - I was trying to figure out how to keep a straight face while you cross examine me! Would have been very awkward!

We already had a date with the registrar, so now it's the magistrate - so best if I go then, you reckon?

 

Ha don't worry, I would almost certainly be conflicted out from ever acting against you on any sort of matter.

Yeah you should go, and should prepare along with your PM your evidence and arguments. Plus there's always the chance of being able to settle the matter on the day as well - and you don't want your PM making those decisions for you on the fly.

While geared for tenants, these two fact sheets are just as relevant from the point of view of an owner.

http://www.tenancywa.org.au/sites/default/files/24 Preparing for Court_0.pdf

http://www.tenancywa.org.au/sites/default/files/25 Court Process_0.pdf

 

Not sure how things work in Civil land, but sounds like it's worth attending. Would hate for them to get up on what seems like a silly claim

 

I know. I'm just going to pretend I'm a lawyer - could be fun