NSW URGENT Help - Tenant from Hell

I don't really know what the point of that snippet was. You're complaining about the tribunal granting adjournments and not granting adjournments?

What relevance does that have to the current situation?

You should focus on the current issue and give some key background facts if you actually want some meaningful discussion.

Otherwise this thread reeks of just having a whinge and not really someone that is seeking advice.

 

Ah ok. No relevance. Was just responding to your question I thought.

Not complaining about NCAT re current issue, just frustrated at process/es.

But stupidly went on to say I did have complaints...now you mention it...sort of thing. Forgive...could not sleep at all. Thx.

You have read the Whirlpool post?

If yes, did that not make sense to you?

I'll go over your questions again.

 

Normally yes could take possession.

Tenant turned up when I was at property with police & claimed she had not yet left & that I could not be there because of stay on term & possession order.

Police took her word on everything & asked me to leave.

Called NCAT who said I cannot take possession until after a decision is made on the stay submissions ie after 30 April.

Whirlpool link in 2nd post, if it helps paint bigger picture. (Some mess to wade through no doubt).

Thx

 

Yes I have and it was hard to figure out what was actual issue. Most of the information was irrelevant.

As far as I can tell, there was a termination application based on non payment of rent (date?). Then a termination and possession order made by the tribunal (date?). That expired without the tenants moving out (date?). And apparently there's been a stay order or application now?

That's about all the relevant information from the entire thread I think - and I'm still not sure when all this happened or why anything else is being talked about.

If you need "URGENT help", then its not the time to complain about everything else you feel aggrieved by - focus on what you need to do and decide now.

My advice - stop, take a breath, start from the beginning, and explain what actual help you are seeking.

 

Termination appl lodged 2nd time on 15 March.

Order made 03 April non-payt termination & possession.

Expired 8 April.

Stay order received 9 April.

 

I am trying to figure out what I can lodge now, in order to gain possession asap, not have to wait until after 30 April.

 

Have you actually seen this "stay order"? It seems unlikely to me that its already been ordered without you having an opportunity to respond or oppose it. Are you sure it isn't just an application?

And have you received a notice of appeal of decision or something like that?

Frankly, I don't think you should be lodging or doing anything without proper legal advice. Any reason you're holding off from getting that advice?

 

Lack of time & dollars and cents. Stretched to limit I'm afraid.

I was in middle of relocating my life due to medical reasons & other, from north to south & been stuck on coast with no permanent abode, trying to deal with this, on my own, without tribunal experience, never having to deal with it in such depth previously!

 

Sorry, missed first half of your post.

Yes actually you are correct, of course its am application & therefore the submissions are required to decide whether it becomes an order or is dismissed!

 

The notice says "An application has been received to set aside the decision made on 03 April".

The orders for the payment of money & termination and possession are 'stayed ' until further order.

 

So no hearing, no decision = a nothing and the Police have been conned into letting her stay? If this is the case, the original warrant, is it still within exercisable time frame, can Police give notice and then exercise it?

I must say I've been dumbfounded at how the tribunal (in some of my hearings) has ordered termination dates within a few days (super fast) then the Police get the warrant which normally has a 2-3 week window to be exercised and they leave it till the last day unless you specifically ask for it to be done sooner (subject to their operational requirements of course), but it's almost like they want to give the Tenants as much time so they have to do less work re: booting them out if they're not compliant, at the expense of the poor landlord whose sitting there losing money and with a property at high risk of damage every minute the tenants are in there etc.

 

Do you understand what a set aside application means? Basically its asking to rewind the clock to when the order was made by default. So I take it the termination order was made in the absence of the tenant.

The "stay" is usual - here in WA and most jurisdictions, a stay would not be granted ex parte (without you being able to comment). Maybe that is a special process in NCAT? Maybe some other NSW PMs can comment.

Any stay would only be until the application to set aside has been heard however - so have you received a notice for that?

You talk about 30 April being some deadline - what is that?

 

Didn't get to lodge application for warrant, stay came through first. Lodged on 8th, I could lodge for warrant on 9th.

I trust the stay application decision will be made in time that I can still apply for warrant of possession.

 

Correct, tenant not show to hearing 3 April.

Received no hearing date.

I have to lodge submission by 20 April.

Tenant to lodge submission by 30 April.

I understand registrar will make decision without a hearing, just on submissions.

Hopefully on 01 May. If order stands I can lodge application for warrant if required, if not expired. (Will check).

If set aside, I'm back to square one then, as you explain thatbum!?

 

Submissions as to what exactly?

Whether or not the termination order should be set aside? Or whether or not the stay order should be made... for longer? (The stay order seems to have been made already, so I'm not sure this makes much sense).

There's a difference.

 

Therefore, after the events since Fri 12th, I thought I should lodge another application!

 

ffs ring a lawyer and get help!

 

Submissions must Address whether:

It would be unjust to let the decision stand.

(Decision being the granting of the non-payment termination & possession order)

 

Why? You don't even quite understand what the current legal processes are. I don't think adding another one is the way to go.

 

This is why people shouldnt self-manage their properties.

 

So it sounds like its about taking submissions on whether the default order should be set aside.

For an applicant to be successful on setting aside a default order, they generally need to show both of the following:

1. A good reason for the default (a good reason for not being there); and

2. An arguable case on the merits of the substantive matter (opposing the termination order).

I imagine you need submissions attacking either or both of the above. Does that sound about right? Do you understand?