Scumbag tenant misrepresents Bond payment

I have a new tenant in a property who continues to assure me how he will never pose a problem with rental payments etc...

At the very start of the tenancy around 14 days ago he was completely painful with paying the 2 weeks rent in advance and the bond monies.

I took the advice of my bank manager that proof of a bank transfer would be sufficient for a payment. The tenant provided me with a screen capture of his alleged payment, as he has also done for his rent payments. All of his rental payments have (eventually) been cleared into my account, however, there is still no sign of the bond.

Do I need to give the usual 14 days notice of a breach to this tenant or is it possible that he has basically committed fraud, can I proceed directly to a termination notice?

Interested in feedback. Plan to call dept of commerce tomorrow.

 

Are you self managing? Do you know how to properly terminate a tenancy? I'm surprised you handed over the keys and gave possession before receiving the rent and bond in advance.

In short, you will have to proceed to terminate using the normal breach procedure. Not sure why you say the tenant has basically committed fraud...

 

Why would I say fraud.....somebody has presented evidence and supporting commentary of a payment and it was a complete misrepresentation of a payment....I believe this amounts to fraud.

I thought/hoped that a criminal act may override the usual notice periods compared to a non-payment situation

Yes...self managing, yes, very familiar with the "pro tenant" legislation to protect the "poor tenant". After 15yrs of owning investment properties I have noticed the growing confidence of the "poor tenants" who continue to screw landlords with the protection of our pathetic residential tenancies act

 

I'm glad you're not my landlord.

 

Why would you let them move in without receiving the bond?

I think you need a PM.

 

Agree with @jprops and @skater.

Calling him a scumbag tenant.... I strongly suggest that maybe you shouldn't self manage...

 

Wait for payment to land before handing over possession.

Go for normal breach procedure.

 

A screen shot is worthless. Always have the tenant's bank send confirmation of transfer - NetBank and others have this option when making a transfer.

This provides you with confidence that a payment has been made.

 

I agree with the comments above. We self manage and don't hand over keys until the bond and initial rents are received. If necessary, we would delay tenant's start date to allow time for money transfer. Sometimes we lose a week rent by doing so but it's still best to wait it out. If tenants somehow damage the property while you don't have the bond in hand, even claiming insurance will be difficult

 

Just as a general rule the bond and first 2 weeks rent need to be cleared and in the tenant ledger at the beginning of the lease. That means that the tenant needs to have paid a few days before.,

Some landlord insurance will void the policy if it is not done this way.

Proceed with eviction, this could be an expensive lesson.

Whether it is a fraudulent or criminal act on the tenants part or not would not make a difference to this situation, the tenant being a fraud would not put you in a better financial risk at all.

 

If you are so aware of the pro tenant laws then I would have made doubly sure everything was cleared before handing over keys.
You really only have yourself to blame for this.
As you are only 14 days in the tenancy, you should only have your bond, 2 weeks rent in advance and then if they are paying weekly 1-2 more transfers depending on how often they are scheduled to pay (weekly, fortnightly or monthly).
If they have breached their conditions then issue them with a breach notice and ensure that you deliver it in the proper manner and sort the mess out.

 

need to get bond and id THEN give keys...

 

Send someone over to "rough him up".

 

If i understand you correctly, Its fraud and should be reported to police.
WARNING: Someone can make a bank transfer into your account, take a screenshot and provide proof and before COB phone up the bank and revoke the payment before its cleared your account. Same with bank chequees, they can be cancelled before you deposit into your account.

I am having a problem with a partiicular indivdual that does this and i hope its not the same guy.

 

I doubt it; its super common. The other method is 'scheduling' payment - with some portals it shows 'payment complete', yet its been scheduled for a date anywhere in the future. Screenshot, send, delete scheduled payment.