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VIC: Does your PM charge for Tribunal Appearances?

Discussion in 'Property Management' started by Truly Exotic, 6th Nov, 2015.

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VIC: Does your PM charge for Tribunal Appearances?

  1. No, absolutely not

    1 vote(s)
    8.3%
  2. Yes, a flat fee

    4 vote(s)
    33.3%
  3. Yes, per hour

    7 vote(s)
    58.3%
  1. Truly Exotic

    Truly Exotic Well-Known Member

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    Just wondering what your PMs charge in VIC,

    must admit, I havent had that many Tribunal appearances, but most of my other states dont charge, but a few ive been looking at in VIC seem to charge per hour of up to $150 per hour,

    Seems that you might as well cave in to tenant demands or write things off if its at these costs.

    Poll responses appreciated
     
  2. FirstIP

    FirstIP Active Member

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    (NSW) The fees I have come across are $55ph, $110ph, $85ph with minimum payment of 3 hours, and preparation time is charged at the same hourly rate as attendance.
     
  3. Magnet

    Magnet Well-Known Member

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    In NSW $130/hr for Tribunal attendance & prep.
     
  4. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    I don't think you should consider an agent doing this for 'free'. It is not a regular event and you can't argue it is built into the monthly fee. Going to a tribunal is likely to take a whole day's work.
     
    Scott No Mates likes this.
  5. D.T.

    D.T. Adelaide Property Manager Business Member

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    Not sure what it is in Vic, but here in SA our tribunal charges $69. I think it's fair to pass that on at a minimum. I assume that's included in the numbers you mention?
     
    Last edited: 7th Nov, 2015
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Tribunal takes at least 4 hours out of the day if you get in first and the tenant is a no show. Add more time if you then haveto attend mediation before presenting you case.
     
  7. Xenia

    Xenia Adelaide Property Manager Business Member

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    In SA this is the cost to lodge a form 7 through SACT. Everybody pays this.

    This is different to the agents fee for tribunal preparation and representing a landlord at a hearing, the tribunal representation fee is written in the management agreement and is a cost charged to the landlord by the agency.

    But yes some agents that charge a fee for tribunal representation will sometimes pay the sacat fee for their clients.
     
  8. D.T.

    D.T. Adelaide Property Manager Business Member

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    Its called SACAT here. Some managers were including their state tribunal's fee into their attendance fee.
     
    Last edited: 8th Nov, 2015
  9. cheekykoon

    cheekykoon Well-Known Member

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    I was told by the time tribunal comes, insurance will settle the tribunal fees. Is this the case?
     
  10. Xenia

    Xenia Adelaide Property Manager Business Member

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    Yes you can claim tribunal fees from insurance but usually tribunal descision has to be made first.
    Tribunal order can form part of claim.
     
  11. matchsticks

    matchsticks Active Member

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    I'm in Brisbane and my PM doesn't charge to represent me at Tribunal as he feels that this is part of his job.

    His aim is to always avoid it where possible. If it is unavoidable, then he must have mucked something up somewhere down the line so he reckons it is his responsibility to fix it.

    Can't say I'll argue with this logic :)
     
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  12. cheekykoon

    cheekykoon Well-Known Member

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    You must share your PM's contact here... :)
     
  13. D.T.

    D.T. Adelaide Property Manager Business Member

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    Yep, that sounds fair.
    I pass on the cost that Tribunal charges for us applications, but don't charge anything above that in 99% of situations.
     
  14. Lil Skater

    Lil Skater Well-Known Member Business Member

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    @matchsticks i do the same here. No charge, only pass on costs (application fees).

    Funnily enough I've been once for a tenant I put into a property in the last 2 years, which was a lease break 2 days after moving in.

    I've done a few since, but none are tenants I have placed in the property and its cleaning up someone else' mistake in the first place..
     
    D.T. likes this.
  15. matchsticks

    matchsticks Active Member

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    @cheekykoon I don't want to hijack this thread so if anyone is after my PM's details, please PM me and I'm happy to share.
     
  16. Kael

    Kael Well-Known Member

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    I've only had one situation where a PM had to goto the tribunal in VIC, I believe my PM charged me $120 for the event. Don't believe it was by the hour.
     
  17. JacM

    JacM VIC Buyer's Agent Business Member

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    Landlord pays tribunal application fee.

    I'm happy to pay some sort of token flat-rate fee for the PM to appear at tribunal for me, but certainly nor a per hour fee. If there was such an arrangement there would be little incentive to keep a tight rein on the tenancy in the first place.
     
    D.T. likes this.
  18. melbournian

    melbournian Well-Known Member

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    It's normally $100-$150 per hearing fee for the agent. It takes a good day to prepare and go to the hearing. Disclosure of documents and presentation, waiting time. Best to get a local agent as the vcat hearing will always be in the courts that is closes to the property.

    Otherwise just appear yourself if u have sufficient knowledge to argue the merits of ur case. If u're good at convincing the hearing panel u're normally come out ok in terms of allocation of loss of rent or damages. The next issue is if the bond does not cover everything and chasing the tenant
     
  19. Xenia

    Xenia Adelaide Property Manager Business Member

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    except they don't work on being convinced, they work on legislation and follow strict rules. It's a very different ball game than normal logcal conversation. I now get most hearings done within 15 minutes - very quick, stick to the facts. One this morning for vacant possession, the tenants kept bringing up electricity problems with house.... they were quickly cut off, back to the subject of vacant possession, there has been no improvement in their financial situation that enables them to catch up on areas, 3rd beach notice, they are out. Done in 10 mins.
    I never explain or justify or have conversations, just get the job done.
     
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  20. melbournian

    melbournian Well-Known Member

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    Very true there are rules and legislation to follow the best ones I like are to strike them out if u are defending. Great it is like that in Adelaide but in vic they can on and on when they get their chance to speak and also depends on the hearing mediator. I have some level of experience in vcat hearings although majority are non-tenant related and more contractual owners Corp or manufacturing warranty disputes. Actually have one coming up with a sink manufacture luckily the vcat court is 10 minutes from me :)
     
    Xenia likes this.