Local courts actions for certified money order - Arrears not paid!

Discussion in 'Legal Issues' started by Duriankun, 28th Aug, 2017.

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  1. D.T.

    D.T. Specialist Property Manager Business Member

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    Yup been saying that since the first post.
     
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  2. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Gotcha. Just for the shortfall and after the insurance has done their bit.
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    And a couple of kneecaps, toes or digits - whatever it takes. :rolleyes:
     
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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I am a lawyer yet I have a $2500 rental arrears and court order that I did not collect!
     
  5. Duriankun

    Duriankun Member

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    yes, all the above are great suggestions, but actually I'm doing this to learn something on the way. It tells a lot about the system and how we live in it.

    I also reading this: http://whrl.pl/RepOBc
    poor guy has the same problem.

    Not everyone will do their homework and/or know the tenancy laws as an investor, not everyone has insurance, but of course this goes without saying they should have, but the mum and dad investor would totally rely on assumptions that our system is flawless, its Australia, nothing can go wrong and its all fair until they cop it, but after these few days of research, its so so common and continues to happen so frequently, makes me wonder something as common/trivial as this can be so difficult to resolve with your own hands.
     
  6. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Your next hurdle may be if agent A and B didn't meet the very strict guidelines for minimising losses. You/they have a duty of care to the insurance company to breach/evict as soon as possible
    There might be an avenue to pursue against Agent A for not following their Duty of Care to you in selecting and screening the tenants.
     
  7. PaulB

    PaulB Well-Known Member

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    You can Google plenty of stories of dodgy tenants more or less gaming the tribunal system.
    I'm of the opinion that 'the system' wants landlords and small businesses to give up chasing these types for relatively small amounts. The bad debtors have so many rights yet are so difficult to hold to account.
    It falls back to land lord insurance to pick up the tab. No wonder insurance is so expensive!
    Claim the bad debt against your taxable income. Make govt wear some of the loss.