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Discussion in 'Introductions' started by Dear Ben, 29th Dec, 2015.

  1. Dear Ben

    Dear Ben Member

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    29th Dec, 2015
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    Location:
    Sydney
    Hi All, I would like to introduce myself. I am almost fall into the category of 'elderly' group of citizen. I have 4 grand-children who are everything to me and my husband.

    We have a house on the lake which we have to rent it out because my husband has a terminal illness (cancer) and have to be living in Sydney closer to the hospital.

    We privately managed the rent, it went okay for a while but now the tenants did not pay the rent for 6 weeks and has used up the bond money. We have sent them a letter after they are 14 days overdue, rang them but they hang up, sent them a few text messages and email but we have not heard anything from them.

    Please advise what we can do? Don't really like going to the tribunal, court, etc because my husband is in constant pain, can't be away too long from home.

    Thank you, Your help is very much appreciated.
     
    EN710 likes this.
  2. MattA

    MattA Well-Known Member

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    14th Oct, 2015
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    Location:
    Central Coast NSW
    Hi Dear Ben

    I'm really sorry to hear your very unfortunate circumstances with your husbands health.

    My advice would be to contact a local agent and ask them to take over the management of the property going forward. Based on they get to retain the management / re-lease the property after the current tenants move on, they will possibly provide the services to wrap up the current tenancy at little to no charge (from their perspective it's a loss leading exercise).

    If you have landlord insurance in place, the new managing agent can also facilitate the necessary claims.

    If you plans are to move back into the property, you might be able to find a local agent who will wrap up the current tenancy on a pay for service charge.

    Both of the above options are based on you being able to afford to outsource the service. If things are tight and you need to take care of things yourself hopefully another member will be along shortly to give you some advice on how to do so...
     
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  3. willair

    willair Well-Known Member Premium Member

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    Welcome to the site,maybe get your insurance policy out and see what time frames are for loss of rent,most are different as to when you can claim,but that will be a start,then go and see them face to face and ask why..
     
  4. Dear Ben

    Dear Ben Member

    Joined:
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    Location:
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    Thank you MattA, will try to contact property managers after this holiday season. Have a great New Year!
     
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  5. Dear Ben

    Dear Ben Member

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    Unfortunately we don't have landlord insurance, willair. We asked them if they have financial problem they never replied. When we asked to inspect the property they did not want to be presence at the house.
     
  6. willair

    willair Well-Known Member Premium Member

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    Then as it may seem they will do a runner,and leave you in a mess both ways clean up wise damage, i hope they just move out as many do,what's happened happens every day in the rental market within Australia,some of the legal people within this site would have some idea's
    .good luck..
     
  7. hobo

    hobo Well-Known Member

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    You've already spent time sending letters, emails, texts etc; multiple phone calls; inspections also by the sounds of it? (recently? If not, schedule one?). It sounds like you've done this fairly "unofficially", ie without using the appropriate tenancy forms (breach notices etc) is that correct?

    Did you declare/submit the bond?
     
  8. wylie

    wylie Moderator Staff Member

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    I think MattA's advice is the best in the circumstances you face. I'd get an agent involved, and if proper notices were not issued (understandably, given your circumstances) then at least you lose no time in having them out as soon as legally possible.

    I'm sorry to hear about your situation. Sending hugs to you.

    ... and could we all please be gentle with our answers?
     
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  9. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I think this is the best solution. Self managing works really well when there is no issues. When things start going wrong it's a minefield of appropriate notices, delivery, timing and court appearances if it comes to that.
    In your situation, and I'm sorry you are in it, I think you are best concentrating on your husband if you can afford to get a property manager to look after it.
    Many property managers will be back at work now and if you explain the situation may look kindly upon you and help you out in return for having the contract to look after the new incoming tenant.
    If you are renting close to hospital it might be a good idea to contact your current property manager to see if they have any recommendations for the area where your house is.
     
  10. JacM

    JacM VIC Buyer's Agent Business Member

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    Hi Dear Ben

    Do get building & landlord insurance, with $20mill public liability component. Property managers will normally require you to have it before stepping foot on your site. It is also a cheap expense when compared to out of pocket expenses when things go wrong such as tenant not paying rent or tenant doing damage.
     
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  11. wylie

    wylie Moderator Staff Member

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    I'm guessing there is building and public liability insurance on this but no insurer will insure for landlord insurance with a sitting tenant who is in arrears (unless I'm wrong on that).

    I think Dear Ben needs to get an agent involved immediately to get these tenants out with minimal cost and once empty, landlord insurance needs to be added.
     
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  12. JacM

    JacM VIC Buyer's Agent Business Member

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    @wylie yes i imagined there is building & public liability in place but there may not be.

    Also agree it would probably be tricky to get LL insurance while the current tenant is in place but once they are out i would like to think that @Dear Ben would get LL insurance before pursuing another tenancy.
     
    Last edited: 30th Dec, 2015
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  13. monalisa

    monalisa Well-Known Member Premium Member

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    @Dear Ben Sorry to hear about what you are going through. Some good advice here. Best wishes.
     
  14. hobo

    hobo Well-Known Member

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    Sorry @wylie if you thought I was harsh in my questions. I was obviously clumsy and too short in my wording.

    My questions were actually in support / backup to @MattA 's response, as that is the direction I believe @Dear Ben should take. I was simply leading up to pointing out that they have already spent a fair bit of time on this issue, and in their circumstances I think the cost of a PM would be very well spent to release them from that time burden and stress.

    The fact that it all sounds like it has been done very unofficially, ie without using the correct forms (which I was just trying to clarify), would reinforce the view that rather than spending time familiarising themselves with the system, they should just hand over to a PM and deal with their much more important issues.

    @Dear Ben - Best wishes to you you both! Sorry you are in shuch a ****ty situation.
     
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  15. Dear Ben

    Dear Ben Member

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    Hi All, I am sorry I have not been to reply your kind advices sooner.

    You all have a good point for me to take, Thank you so very much!

    The tenant finally sent us a text message yesterday, telling us that she will be moving out as soon as she can find another rental property and asked us to apply for the refund of the bond! She also said that she will pay the difference. I will wait and see!

    I am a firm believer that each one of us are genuinely good people ( each one of you, are a good example), we don't want to hurt anyone, for some particular circumstances we are forced to do something that we don't really like doing. Our tenant maybe one of them!

    As soon as she moves out I have to start doing the clean-up and fixing things. I promise you, I will take your advice to get a good property manager, a land lord insurance, etc! I have a building insurance with a few million liability.

    Thank you all once again, and have a great New Year Celebration!
     
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  16. legallyblonde

    legallyblonde Well-Known Member

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    Fingers crossed everything ends well for you!
     
  17. DanW

    DanW Well-Known Member

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    Where abouts is the property?

    One of us may be able to recommend a tried and trusted property manager
     
  18. Dear Ben

    Dear Ben Member

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    The property is at Balcolyn, Lake Macquarie.

    Thanks DanW & Legallyblonde
     
  19. MattA

    MattA Well-Known Member

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  20. Dear Ben

    Dear Ben Member

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    Location:
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