Unable to get tenant to sign bond release form in WA

Discussion in 'Property Management' started by fancypants, 22nd Feb, 2017.

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  1. fancypants

    fancypants Member

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    Hi

    I have a former tenant who skipped out on a month of rent plus the utility bills. She advised that I could take the money she owed me out of the bond. I have her forwarding address so I sent the bond release form with a "sign here" sticker along with a return addressed envelope with a stamp. All seems pretty easy to me.

    I sent it a month ago and have messaged her numerous times on facebook (her phone is now disconnected), no response on fb and no bond release form yet.

    Obviously I've been super polite on facebook for various reasons (I'm a very polite person in general) but especially so here because this is the only form of contact that I have with her, so if she blocks me bye bye bond.

    Does anyone have any ideas about how to proceed from here?

    Thanks
     
  2. JenW

    JenW Well-Known Member

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    The only solution I'm aware of is to file a Form 6 through the Magistrate's Court. She will be served with documentation advising of your application and she has (I think) a week to respond and say if she will contest it or not. If she decides not to contest it, I understand the magistrate can then award the bond directly to you.

    You can do it online, it costs about $53 and it's a bit of a pain, but it beats not being able to access the bond.
     
    Perthguy likes this.
  3. D.T.

    D.T. Specialist Property Manager Business Member

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    The joys of self management eh? :)

    As Jen said, take it to court and they'll decide. You'll need lease, ledger, and invoices / proof of what bond will/was used for.
     
  4. Perthguy

    Perthguy Well-Known Member

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    In WA we have the privilege of being able to pay to have a professional stuff this up for us. My mate just went through this with a major PM firm in his area. Took 3 goes for them to get the court paperwork right. By the time the tenant was removed they had done $5k damage to his property.
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    @Perthguy - just because someone is using a professional doesn't mean that the quality of service is all the same.

    One of my clients uses a major commercial & residential agent in the city. Despite being told every month to charge interest on arrears (paid at end of month in arrears not by 1st of month in advance), the agent queries the instructions "...but they've paid".
     
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  6. wylie

    wylie Moderator Staff Member

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    It is easy (in Queensland) to lodge the form just with the landlord's signature if the tenant is unresponsive or has skipped or done damage (and the tenant has to do something to claim some - no response from tenant means landlord claim will be granted). Won't say more as you are in WA.

    Sounds like WA is considerably more complicated but I would be doing whatever is needed on the assumption you'll never hear from the tenant again. If that means paying to lodge something with the court, just do it.
     
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  7. Perthguy

    Perthguy Well-Known Member

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    Indeed. I believe there are some good PMs around but many of the pros are quite hopeless. My comment was in response to the comment "The joys of self management" because not self managing in Perth is sometimes worse! :mad:
     
    JenW likes this.