Recovering Funds From Ex Tenants - QLD

Discussion in 'Legal Issues' started by Pleasure Paulie, 2nd Mar, 2019.

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  1. Pleasure Paulie

    Pleasure Paulie Well-Known Member

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    Hi Team,

    I'm hoping for some advice or help of where to go.

    - 3 ex tenants caused significant damage after leaving the property and where behind in rent. I eventually ended up taking them to QCAT (Queensland) where they agreed to pay all charges within 30 days - about 4k.

    - This 30 days has now passed and they have continued to avoid contact throughout this process; although they did attend the QCAT hearing. No funds have been paid towards their debt.

    - We don't have a lot of contact details of the ex tenants, except for phone numbers email addresses and whatever else we can find through social media. We were able to summon them for the QCAT hearing via email.

    - My next stage is the magistrates court, however with not a lot of contact details how would I even go about this? And what is the end result likely to be anyway? Should I have a debt collector involved?
     
  2. wylie

    wylie Moderator Staff Member

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    I would hand it to a debt collector. You’ll lose a percentage but likely get more than you will on your own.
     
  3. Pleasure Paulie

    Pleasure Paulie Well-Known Member

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    Don’t I require a magistrates order as opposed to a qcat order for this?
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    The debt collection agency will sort that out.
     
  5. HUGH72

    HUGH72 Well-Known Member

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    I assume you managed the property yourself?

    Could you advise ex tenants that they will be listed on TICA? You might find that this will lead to a change of behaviour.

    I had a couple of rogue tenants disappear, 12 months later my PM gets a call from a case worker wanting to know if the ex tenants can start paying off their debt. Surprise, surprise they were unable to obtain another rental property due to the TICA listing.

    Barclays will also proactively chase any outstanding debt, if you don't have a current policy with them they take a considerable cut. I could be wrong but approximately 50%? This might be an option.
     
  6. willair

    willair Well-Known Member Premium Member

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    What did the landlord insurance company say?..Also what happened to the bond?..
     
  7. Pleasure Paulie

    Pleasure Paulie Well-Known Member

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    Generally what percentage do these companies take?

    A property manager looks after it for me and while I hold them somewhat liable, I'm having to work with them to assist and chase these people down.

    They have already been listed on TICA. They simply do not care nor about their debt.

    Landord insurance has not been useful as it was not "malicious acts". Simple their animals ruining carpet, insect all through the house and generally not taking care of anything.

    The bond was taken from the money they owed - they still owe more money!!
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    You should have applied the bond to the damage and claimed loss of rent on the insurance.
     
  9. willair

    willair Well-Known Member Premium Member

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    It's a pity the property manager during the inspection's and while taking the photos did not devote some of their energy to doing something worthwhile and improve the standards of the business model..
     
  10. HUGH72

    HUGH72 Well-Known Member

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    Substantial amount, maybe 50% but out of principal still worth it.

    Your existing LL insurance should pay for loss of rent. Ideally bond should be used for cleaning, repairs etc to help avoid this situation then insurance for loss of rent. A good PM would know this, unfortunately you don’t find out how good PMs are until these situations arise.

    Carpets are hard to claim as it is hard to say it’s not fair wear and tear.
    Damaged items are a different story.

    Good luck.
     
  11. Chicken or Beef?

    Chicken or Beef? Well-Known Member

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    Chasing a tenant for 4K...good luck with that. The special ones that cause damage usually don’t have 2cents to rub together. Smile and move on Paul. Life’s too short.