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Taking Tennant's to court

Discussion in 'Legal Issues' started by D.K, 11th Oct, 2016.

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  1. D.K

    D.K Active Member

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    18th Jun, 2015
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    WA
    Hi All
    Anyone been down this road, and how did you go? would you do it again or go about it differently any advise would be greatly welcomed.
    I may be in this boat in the not to distant future. Tennant has broken lease and left the property in a poor state. Will not pay repair invoices, rent or re-advertising costs all up about $1200

    Thanks
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    The residential tenancy tribunal may be the more appropriate jurisdiction.
     
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  3. D.T.

    D.T. Adelaide Property Manager Business Member

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    The OP is from WA though
     
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  4. D.K

    D.K Active Member

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    The property manager has informed me via email that it may have to go to court to finalise the bond whatever court that maybe in WA
     
  5. JenW

    JenW Well-Known Member

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    In WA it's the Magistrate's Court. If your PM has evidence (photos, documents, etc) then you should get a reasonable outcome. You may not get the whole lot back, but you should still get a reasonable amount of your costs covered.

    That is, of course, assuming your PM has followed up on non payment of rent etc promptly through the correct processes.
     
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  6. Perthguy

    Perthguy Well-Known Member

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    I have in WA and VIC. I did well in VIC. I did not do well in WA. In WA I agreed to mediation where the mediator immediately started advocating for the tenant and bullying me. My mistake was not standing up for myself. After more than 4 hours, I caved and accepted a low offer. However, I was just about to gut the house for a reno and I was awarded enough to cover the materials to repair the damage the tenant caused. My problem was that I planned a lot for that day and I was running out of time.

    Positives: being awarded enough to cover materials to repair the damage done by the tenant

    To do better next time: set aside a full day, stand up for myself, don't accept being bullied.

    It wasn't a disaster, but certainly lessons learned.
     
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  7. thatbum

    thatbum Well-Known Member

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    You don't really have a choice if you want to claim the bond and/or damages. The bond can only be disposed by consent or court order.