Do I need to go to court?

Discussion in 'Legal Issues' started by Jess Peletier, 9th Mar, 2017.

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  1. Perthguy

    Perthguy Well-Known Member

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    I object! :)
     
  2. kierank

    kierank Well-Known Member

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    Objection denied.

    You can't object to someone having fun, not in my court.
     
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  3. D.T.

    D.T. Specialist Property Manager Business Member

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    Suit up :D
     
  4. Perthguy

    Perthguy Well-Known Member

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    I withdraw my objection. :(
     
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  5. Jess Peletier

    Jess Peletier Mortgage Broker & Finance Strategy, Aus Wide! Business Member

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    Can't wait! Any excuse to look presentable for a change - I look like a bum most days when I'm working! :D
     
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  6. Lemmy a fiver

    Lemmy a fiver Well-Known Member

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    Good luck Jess, hope it all goes well for you.
     
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  7. Yson

    Yson Well-Known Member

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    Looking to see the outcome so I can learn. Luckily so far all my tenants are good
     
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  8. Jess Peletier

    Jess Peletier Mortgage Broker & Finance Strategy, Aus Wide! Business Member

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    Thank you! I'll let you know how it turns out.
     
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  9. BarneyRubble

    BarneyRubble Well-Known Member

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    Quietly, suggest you ask the mods to delete this thread. It could be used against you.
     
  10. thatbum

    thatbum Well-Known Member

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    How exactly? I can't see how it could.
     
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  11. ellejay

    ellejay Well-Known Member

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    I had a crazy tenant like this one. I posted a topic 'hilarious tenant complaints.' It wasn't funny at the time though. Especially her allegations that we were putting her child's safety at risk. Our pm went to the tribunal and the tribinal members visited her at the house. All her complaints were thrown out. The system has to follow due process but they can usually (hopefully) spot a chancer.
     
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  12. chindonly

    chindonly Well-Known Member

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    If Jess gets up in this, can she claim for vexatious behaviour of the tenant? Time and costs?
     
  13. thatbum

    thatbum Well-Known Member

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    Almost certainly not. Anyway, just because the tenant isn't successful, doesn't mean its a vexatious claim.
     
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  14. ellejay

    ellejay Well-Known Member

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    I think this is why they invented PMs and Tribunals. Landords can outsource dealings with the personality disordered.
     
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  15. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Court, Magistrate ?
    Normally its a Tribunal matter.

    Ensure you meet and discuss issue with PM and provide them with all the EVIDENCE and facts to use to defend the claims. That would be best use of your time. Dont assume the PM knows what you do. They may need copies of all repairs bills for example to show repairs were made when requested.

    Best defence to crazies is facts. They come across as loonies who are unreasonable and your side appears well organised then its likely to be favourable that you arent the scum landlord they they will try and paint. One of the typical defences I have seen is crazy tenant says they have requested repairs over and over....Records of all tenant contact by PM is produced that doesnt show what they allege but shows other repairs...Why would the PM organise repairs and report some issues and not others ...three times ? This indicates they are embellishing...Trying on a claim to get a rental adjustment perhaps ? Get PM to organise a SAME DAY or NEXT DAY urgent inspection to review ALL condition issues are correct to verify their allegations....They will hate that if they are dirty pigs but they will paint themself into that corner.
     
    Last edited: 10th Mar, 2017
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  16. JenW

    JenW Well-Known Member

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    Yes, in WA the RTA is administered thru the Magistrate's Court.

    Good luck Jess. I have myself been previously mistaken for a lawyer at the Mag Court, so trust me nothing is impossible. I wasn't even in a suit (business attire, but not a suit). Let us know how it goes!
     
  17. Scott No Mates

    Scott No Mates Well-Known Member

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    In NSW someone was mistaken for a doctor/surgeon for 11 odd years.
     
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  18. D.T.

    D.T. Specialist Property Manager Business Member

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    WA is the only state smart enough not to get a tribunal
     
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  19. Perthguy

    Perthguy Well-Known Member

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    We had a tribunal before the Magistrates Court.
     
  20. WestOz

    WestOz Well-Known Member

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    Might want to prepare an overnight bag just in case Jess

    Good luck