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Does anyone attend a tribunal?

Discussion in 'Property Management' started by joe2030, 23rd Dec, 2015.

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  1. joe2030

    joe2030 Well-Known Member

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    I will be applying a tribunal in QCAT, because I have tried to discuss with an ex-tenant about 3 weeks unpaid rent ($900) last 2 months but the ex-tenant has not agreed to pay as he claims he has 2 weeks advanced pay 9 years ago!? without an evidence. After I settled this house at Last Apr, I confirmed with the previous owner that the balance of rent payment is zero, then I told him. The previous owner and I was a self-management for the ex-tenant. ( I am using a rental manger for the new tenant because I want to avoid this kinda experience. )

    Residential tenancy disputes - QCAT Queensland Civil and Administrative Tribunal

    Does anyone attend a tribunal in QLD? Does anyone attend a tribunal over phone remotely?
    I'd like to hear any experience from SS/PC members. Any comments are welcome.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    You attend in person.

    Refer to your settlement statement for any amount of rent which was adjusted at settlement. You will have a date that the rent was paid up to and use that as your evidence that the rent is outstanding.
     
  3. Xenia

    Xenia Adelaide Property Manager Business Member

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    Ahh yes that majic vault where the first 2 weeks of rent is kept to be refunded at the end of the lease - joke amongst property managers as so many tenants get confused by this.

    There is no 2 weeks, it's used up in the first 14 days, that's why the next payment is due in 2 weeks.

    Yes any one you appoint can attend and represent you. That's how an agency agreement works - agent attends on behalf of landlord representing the landlord.

    Anyone can attend to watch - it's public.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    ...and sometimes quite enlightening.
     
  5. Xenia

    Xenia Adelaide Property Manager Business Member

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    mostly boring :)
     
  6. Xenia

    Xenia Adelaide Property Manager Business Member

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  7. melbournian

    melbournian Well-Known Member

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    you have to attend it yourself or have a representative. there is no phone remote for VCAT as far as i know. If you don't attend, the likelihood is higher that it will be ruled against you due to lack of representation. you can ask for a review which will cost you money and further delays. unfortunately disputes happen daily in life so to get a judgement through the tribunal maybe the only way to resolve.
     
  8. Chilliblue

    Chilliblue Well-Known Member

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    Check before attending that you have complied with your states requirement and have written proof of same.

    Take all written evidence and information keeping any emotion out of out.

    Sit back and enjoy the other cases and try to learn from them.

    Best of luck.
     
  9. teetotal

    teetotal Well-Known Member

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    I've been to one as a tenant ;)
     
  10. Perthguy

    Perthguy Well-Known Member

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    I have done VCAT by phone hook up from Perth. I wouldn't reccomend it. Much better to be there in person.
     
  11. thatbum

    thatbum Well-Known Member

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    I've appeared on literally hundreds of tenancy matters. I'm not sure how my experiences would assist though - each case turns on its own specific set of facts and circumstances.
     
  12. joe2030

    joe2030 Well-Known Member

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    Hi Scott, I called QCAT that there is a option to attend remotely over phone. But I think better/easier to attend in person.
     
  13. joe2030

    joe2030 Well-Known Member

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    Hi Xenia, Good news is the new rental manager says she can be a representative.
     
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  14. joe2030

    joe2030 Well-Known Member

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    I will ask my new rental manager to attend so I can avoid this risk at least. Thx.
     
  15. thatbum

    thatbum Well-Known Member

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    You will probably also need to give them instructions on how much you are willing to settle the matter for.
     
  16. joe2030

    joe2030 Well-Known Member

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    Supporting documents I have here:

    1. Rental tenancy agreement for 6 months ( Apr - Oct ).
    2. Bank statement for rental payment
    3. Tenant rent ledger ( from my financial software )
    4. Property settlement statement ( But it didn't mention the rental arrears/owing. )
    5. A email from the vendor's solicitor to state that there is money the vendor owes money.

    Unfortunately, the vendor is a self rental management and they don't have a tenant rent ledger. the solicitor checked their bank statement together.

    Is this enough?
     
  17. joe2030

    joe2030 Well-Known Member

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    I will discuss with the rental manager after a new year break. Actually I want to get the whole 3 weeks rent $900 from the bond. What kinda instructions do I need?
     
  18. thatbum

    thatbum Well-Known Member

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    If you're willing to settle for something less. Why you might ask? Well you have to factor in the risk of losing; the time and effort involved in pursuing the matter; and also the costs you might have in paying the agent.
     
  19. joe2030

    joe2030 Well-Known Member

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    Sure. I know the only here so far. How much effort/time I need is unknown...

    $61 for amount $500-$1000 for QCAT application fee
    a cost of $50 per house plus court documentation costs for the PM representative