NSW Tenant provides notice and stops paying rent

Discussion in 'Property Management' started by Zaxbackpak, 21st Nov, 2018.

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  1. Zaxbackpak

    Zaxbackpak Member

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    Hi. New to the forum with the problem of tenant rental arrears, and water arrears coupled with notice of exit. Moving out on the 10th so two weeks falls right on Christmas and NCAT on holiday.

    Has been constantly late with rent for 6 months and previous PM not really on top of it, so I swapped PMs since dogs have also ripped up the backyard and the boyfriend ripped out all my plants before a home open and the previous PM didnt seem to care about it.

    Just realised that bond probably wont cover it, it falls 4 days short of making an insurance claim and the BLEEP is moving directly across the road, so now Im paranoid about kept keys etc. Wondering if I mention things so the neighbours are not suckers too cos I dont want her across the road but worried about more retaliatory stuff....seems to know the law through and through and one of those who thinks its their job to play games with you....

    Nightmare. Any advice appreciated.
     
  2. Joynz

    Joynz Well-Known Member

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    Why is it ‘4 days short’ of making an insurance claim?
     
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  3. Zaxbackpak

    Zaxbackpak Member

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    Hi. It will work out to be four days less than 4 weeks required for claim on rental arrears. Insurance seems pointless right now - appears that it will not cover anything but still investigating it all
     
  4. qak

    qak Well-Known Member

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    Insurance might not cover rental shortfall (which could be covered by bond), but what about the damage?
     
  5. Marg4000

    Marg4000 Well-Known Member

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    Your tenant has the right to move anywhere she wants, whether you want her nearby or not.

    If paranoid about the possibility of copied keys, change the locks (your expense).
    Marg
     
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  6. Zaxbackpak

    Zaxbackpak Member

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    Hi, yep sure she can move anywhere, right now I am just happy it is out of my house - maybe the next tenant will pay rent regularly, not maliciously rip up gardens, etc. Across the street can certainly have her - just wish I had been warned - these are my neighbours afterall!! My insurance wont cover unpaid water bills, dogs digging the rear yard (its not malicious nor is it accidental) and pulling up my plants doesnt appear to fall into these categories either. Not really fair for me. Should've managed it better and evicted her before - doesnt pay to try to be too fair in property management it would seem....
     
  7. Zaxbackpak

    Zaxbackpak Member

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    Come on those with so much more experience!! It appears my main issue is that the parameters on the insurance are not really working for me. How do experienced investors set their parameters - tick every box with low excess? Just seems a pointless product from this outllook - how does it work out for others? Do we pay for this without really thinking? Does landlord insurance really help anyone or is it merely added profits to insurance companies?
     
  8. Brady

    Brady Well-Known Member

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    How much are you going to be out of pocket?
    - Repair holes from dog
    - Some replanting
    - 4 weeks rent and water bill
    Can you do much about it, if not take it as a lesson and move on.
    Present the property well, get ready for new tenants in the NY - some say it's the best time to list a rental.
     
  9. thatbum

    thatbum Well-Known Member

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    Yeah I don't actually see it as a huge issue. If you're not hitting the threshold to trigger insurance, the kinda suggests that the bond will cover most or all of the damages/loss. Not ideal I know, but not a worst case scenario.

    And the outgoing tenant moving across the road sounds like a good thing to me - you know where they live in order to make or enforce claims or judgements against them moving forward.
     
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  10. Zaxbackpak

    Zaxbackpak Member

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    Hey

    Actually thanks, that helps! What about insurance parameters? What this has done is made me look at what this product actually does for me. I am wondering if I ought to minimise it and put that bit extra into offset. 3-4 months of those savings might actually cover these small damages or waterbills. How do those with experience set landlords insurance? Just the minimum? Maximising it doesnt seem to improve outcomes..?
     
  11. Sharyn C

    Sharyn C Active Member

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    If you have a good landlord insurance policy any arrears should be covered and you can use the bond to do the small repairs etc
     
  12. neK

    neK Well-Known Member

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    Better vetting policies (and a PM who knows what they are doing)
    Deal with problem at the source.
     
  13. wylie

    wylie Moderator Staff Member

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    We've chosen a high excess because we view insurance to be there for a major problem. In all our years of renting houses, we've claimed on insurance only once that I can recall.
     
  14. TheRayTracer

    TheRayTracer Well-Known Member

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    I am sympathetic to your post and problem at hand. Just be glad that an end is in sight. Be prepared for more damage and nasty surprises. Hopefully you can take care of cleaning up the garden, but maybe lineup a trusted handyman after you inspect your property on the 10/11th. Also line up a locksmith for the 10/11th.

    If it were me, the tenant should be more scared of retaliatory action.
     
    Last edited by a moderator: 21st Nov, 2018
  15. Zaxbackpak

    Zaxbackpak Member

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    Thank you to everyone who has posted.

    The new PM does seem to be more proactive and maybe I ought to research the landlords insurance some more. This one was linked to my loan but there probably are better providers.

    It is disappointing though when you have done your best to keep tenants happy and they rip up gardens etc and then learn your not really covered like you had thought you were. Thanks again
     
  16. The Y-man

    The Y-man Moderator Staff Member

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    I always rent out properties based on minimum maintenance - i.e. a lawn mower - period. Anything that requires another tool or watering should not be included. That way you are rarely disappointed.

    The Y-man
     
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  17. The Y-man

    The Y-man Moderator Staff Member

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    I don't think I have seen any insurance covering your garden to be honest.

    In Victoria, water arrears is the tenants responsibility - landlord does not have to pay, and arrears are not their responsibility.

    Not wanting to scare you, but there is a lot worse that can (and does) happen - like light fittings go missing, curtains gone, hot water system bursts and damages tenants furniture and makes place unlivable during repairs, tenant starting a meth lab and blowing up the place etc

    The Y-man
     
  18. Stoffo

    Stoffo Well-Known Member

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    Were "dogs" permittted as part of the lease ?
    I'd feel that dogs ruining the yard would constitute a deliberate decision/action resulting in damage (and lets not kid ourselves, a kelpie cross running back and forth can decimate a lawn inside weeks !).
    Ripping out plants is also a deliberate act of damage....
    Insurance (who reads the fine print, until having a claim denied)
    Consider staying in the place from the time they move out !
    Have timers on lights and or a radio, leave one of your vehicles parked in the drive, and set up a nanny cam in the front window !
    Notify insurance company of the vacancy and expected length.
    Let the Insurance Co investigate, you can always appeal.
    Landlords need to have a buffer, because eventually this will happen to all of us.....
     
  19. Wiz

    Wiz Well-Known Member

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    I actually think this could cost quite a bit. I am not imagining holes from a dog, I am imagining a torn up lawn that needs to be completely re-turfed. That is expensive. Plants are also expensive, plus the cost of hiring someone to plant them properly. New plants often need to be watered daily for the first week too and quite frequently after that until they are established. Who is going to do that? Does OP live close by, or does OP have to pay someone to do all of this?

    Sure, they are not the worst problems that can happen, but they could still be expensive.
     
  20. Zaxbackpak

    Zaxbackpak Member

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    All I can hope is for the yard issues and rent/water shortfalls to be the only problems. The plants cant really be replaced but they did lay all these wood chips down that might feed termites (probably my little flowering trees) so that will/should be removed. Few other dead trees that I might have been happy to have had removed but remain...but I guess most will perceive it to be due in part to drought and I guess the ripped up lawn and holes could also be considered to be a "drought" impact.

    Just hope the floorboards and everything else is ok!!
     

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