Non payment of rent - Responsible party

Discussion in 'Property Management' started by QbiK Evolution, 29th Feb, 2016.

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  1. 5320

    5320 New Member

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    That bum,
    You re right, I did get distracted...I discussed my situation with fair trading first and was told that I could try and terminate the lease based on the other issues first. It was bad advise.
     
  2. brettc

    brettc Well-Known Member

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    You're certainly making some dramatic generalisations here. Insurance companies don't usually find "loop holes" and "fine print" to not pay landlords. The vast majority of claims are settled without any issue from the majority of insurers, insurance is arguably the most regulated industry in Australia and has extremely clear lines of dispute resolution, so should there be an issue there are impartial bodies that will make the determination. They simply settle claims based on the policy conditions which you agree that you have read and understood before taking out the policy. There is no such thing as "fine print", each policy has a clear Product Disclosure Statement that forms part of the contract you enter into when you insure. The problem is insurance is complicated, for insurance to work there must be the right balance between claims and premiums, and that can be a battle. To add to that the proliferation of attempted insurance fraud is extraordinary so unfortunately the honest folk can sometimes get tainted by the dishonest. And dishonest may simply be "I owned 234 cd's that were stolen" when they actually owned 12, or claiming for things that were already damaged etc., or using it to repair maintenance items

    Secondly, excesses may apply. They form part of the contract and are always clearly explained. In saying that, good landlord policies generally will not have an excess on loss of rent claims which form the highest number of claims by a long shot. So as a general rule no you don't need to pay $300-$500 excesses.

    Thirdly, in relation to landlord insurance, I'm not aware of many landlord policies that will automatically increase premiums because you've had a claim. This is very rare unless you are identified as a habitual claimant which may indicate to the insurer that there are some issues that they need to protect the policy against, it's all about determining risk. Certainly the specialist landlord policies work very differently to this and look at losses across much wider areas before penalising an individual policyholder.
     
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  3. Azazel

    Azazel Well-Known Member

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    Sounds like a pretty important point, what was it?
     
  4. htopg

    htopg Well-Known Member

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    Sigh... the "standard operating procedure" for bad tenants...
    I cannot agree with you more.

    1. late rent
    2. excuses
    3. promise
    4. break promise
    5. avoidance
    6. accusation
    7. threats

    There should a tenancy act that if a tenant fits most steps in "standard operating procedure", the tenant should be evicted without question.
     
  5. thatbum

    thatbum Well-Known Member

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    That is pretty much what happens with the law right now. Most of the failures I've seen are from landlords and agents not even being able or willing to follow the standard procedure.
     
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  6. htopg

    htopg Well-Known Member

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    Ok, could you please help me with the correct tribunal application?
    What landlord orders to select to evict a non-payment tenant?

    Thanks
     
  7. Azazel

    Azazel Well-Known Member

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    That would be nice, although a bit extreme from the other end. Maybe a warning system, and being able to get them out after 3 strikes.