NCAT Order

Discussion in 'Legal Issues' started by Teddy, 29th Jul, 2017.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Teddy

    Teddy Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    47
    Location:
    Sydney
    Hi, looking for some info please.
    I had a tenant that stopped paying rent, got rid of him now but left with a bill of over $5000. NCAT hearing has been held and orders done for what was submitted.
    My question is, what happens next. I've looked at the Lawaccess info that says to get a certified copy and lodge with the court so debt recovery can happen, but what info on the tenant do I need to provide. I really don't know where he is. Local cops will know though, can I go to them and ask?
    Any info on how it works next would be really welcome. What do I have to provide the court other than the orders? Anyone know the costs to lodge with the court?
    I know I can recover some of the costs through insurance however I want to avoid it if I can make him pay..
    Thanks
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    Landlord insurance

    The $5k you mention, was that rent, damage, cleaning, something else?
     
  3. Teddy

    Teddy Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    47
    Location:
    Sydney
    Yes, insurance won't pay for about 1500 of it.
    For various reason I'd like to try debt recovery not insurance.
     
  4. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,190
    Location:
    Adelaide and Gold Coast
    Debt recovery is possible if you have an order, try Barclay MIS who take a portion in exchange for chasing it down.

    Insurance is a far better option. Can't get blood out of a stone.
     
  5. Teddy

    Teddy Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    47
    Location:
    Sydney
    Thanks for the info. Would you have any idea if I can do both, chase him for the bits insurance doesn't cover?
     
  6. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    Police won't help you. You would have to find an address to serve him court papers and to recover money.
     
  7. Teddy

    Teddy Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    47
    Location:
    Sydney
    I know he's going to court for a hearing soon, for something else, could I serve him papers on that day, I don't know his address or where to find him, he's laying low at the moment.
     
  8. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    You will need an address for service
     
  9. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,555
    Location:
    Sydney
    Why? A deadbeat tenant who wont pay wont change. Claim and walk on.
     
    Sackie likes this.
  10. Hwangers

    Hwangers Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    338
    Location:
    Sydney
    What's the difference between Barclays MIS and landlord insurance through say EBM?

    i.e. what value do you get for taking on both?

    I thought the landlords insurance would cover you for rent defaults anyway?
     
  11. Teddy

    Teddy Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    47
    Location:
    Sydney
    Theres more than just rent default and insurance won't cover it all