NSW Tenant refuse to pay rent!

Discussion in 'Property Management' started by Jason Turner, 8th Jun, 2020.

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  1. Antoni0

    Antoni0 Well-Known Member

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    Lol! I never said the Tenant deserved YOU DID, all I said is that there is more likely a lot more to this story and I don't advocate in violence either. If the government done more instead of wasting money on things like 20 million in arts and craft grants, a lot of this could have been avoided. It shouldn't be the LL's fault if the tenant decides to live day to day or above their means irresponsibly, if the rest of the world lived like that what type of environment would we be in ?

    People like you do nothing to help Tenants in the long run, LL's will just try to mitigate loss and just chase the highest possible rents and insurances move to higher premiums.
     
  2. TMNT

    TMNT Well-Known Member

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    Beating up a tenant is not on,
    beating up a landlord is not on
     
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  3. Omnidragon

    Omnidragon Well-Known Member

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    Can't be helped when the fed govt intervenes in free market
     
  4. Lindsay_W

    Lindsay_W Well-Known Member

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    When you say the Government could've done more, what do you mean exactly?
    Aren't there existing legal avenues that the Landlords can follow to either have the tenant evicted for failing to pay rent and Bond $ is available for loss of rent?
    It's not OK to just take the law into your own hands. I would say someone who is struggling to pay rent is likely worse off financially than the landlord demanding their money but that's not always the case and doesn't make it right not to pay rent either.
     
  5. Lacrim

    Lacrim Well-Known Member

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    Jobkeeper, accessing super etc was enough - the moment the Govt said no evictions and tenant could/should ask for reductions, the floodgates were open.
     
  6. inertia

    inertia Well-Known Member

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    In what way would it be helpful?
     
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  7. Lacrim

    Lacrim Well-Known Member

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    Because I'm curious
     
  8. Jason Turner

    Jason Turner Member

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    Hi guys, as the op of this post, I want to update some new information about this, after 3 serious letter notice:
    1. The tenant left the apartment! Yeh! Finally!
    2. The tenant still owes me $3000 for rent. eww, not including the cleaning fee.

    My question is: How can I put her name on the tenant blacklist? I have already submitted to fair trading and urge she pay the fee. The agreement is not an official document but it has both our name and signature on it, so it will count! (I hope so ). My only weak spot is I did not lodge the bond to fair trading( I can do it before we go to court. ) and did not provide a condition report before she moves in. I once accidentally opened her mail but there is no evidence to prove that! (that's my bad). I have the evidence of her selling all the furniture before she wants to move out without paying the rent.

    What do you think? Can I claim the lost $3000 from her if we bring this to fair trading?
     
  9. TMNT

    TMNT Well-Known Member

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    Well done for reporting back,
    - not doing an ingoing condition report is going go against you for any minor damage/wear and tear
    - not sure the legal implications of not lodging a bond (maybe the legal/pro experts can advise)
    - her selling her furniture doesnt mean a thing
    - seriously hope you have a fwding address, because getting a judgement is one thing, enforcing is another
     
  10. Mark F

    Mark F Well-Known Member

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    More likely he is financially stretched to the limit, but then buying property on credit does carry risks and you must be willing to accept those risks which may end up in forced sale or bankruptcy.
     
  11. skater

    skater Well-Known Member

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    I'm pretty sure you can't put her on any blacklist because YOU DIDN'T USE AN AGENT, even after everyone telling you the best way forward was to use one.
     
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  12. Mat

    Mat Well-Known Member

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    TICA does allow a non-agent represented landlord to add a listing, provided they meet all the legal obligations: TICA - Landlords Request to List

    However for this OP, I'd advise against it. This tenant would be able to make quite a nuisance of themselves if they felt like it (the number of missteps in their tenancy, I'm pretty sure TICA would strike the listing!)
     
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  13. Jason Turner

    Jason Turner Member

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    hi I have an agent already, I signed a contract with her , its late but better than nothng
     
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  14. wylie

    wylie Moderator Staff Member

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    You've done so much wrong that if this was me, I'd think I'd got off fairly lightly with $3k lost rent and the clean up. I don't know what penalties there are in your state for doing so much that was wrong, but my understanding is there are big financial penalties for the things you failed to do, and it might end up costing you more if you try to chase her up and she decides to report you.
     
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  15. Lindsay_W

    Lindsay_W Well-Known Member

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    In my opinion, just drop it and move on and consider yourself lucky, chalk it up as a lesson on what not to do as a landlord so you don't get in a similar position in the future.
     
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  16. MB18

    MB18 Well-Known Member

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    The phrase 'throwing stones in a glasshouse' comes to mind here.
     
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  17. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Good on you! I hope things get a little more smooth for you going forward. Have you asked her for advice on this matter?
     
  18. luckyone

    luckyone Well-Known Member

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    I’d change the locks to make sure she can’t go back in and do anything malicious
     
  19. Ted Varrick

    Ted Varrick Well-Known Member

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    Jason, put it down as cheap lesson in Landlord Education, and move on.

    If you want to fight it out in the chocolate wheel that is the NCAT, or in court, and then enforce the judgement, and then try and get costs, it's probably going to be a long and stressful road.

    As you know how much a week you earn, ask yourself if it worth X weeks pay. And make sure that any new landlord and/or agent that asks for a reference gets the whole story of woe.

    And then you'll see that your situation is a very cheap outcome, given the lesson learned.
     
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