Join Australia's most dynamic and respected property investment community

What are the tips for a landlord who is going to tenancy tribunal?

Discussion in 'Legal Issues' started by htopg, 21st Apr, 2016.

Tags:
  1. htopg

    htopg Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    202
    Location:
    Sydney
    I have a landlord friend who is going to tenancy tribunal to evict his tenants.
    He asked me if I can give him any advises.

    I gave him the following two
    1. be prepared beforehand
    - collect/prepare all relevant information in point form
    2. be clam during the tribunal
    - not sure how this can be done by a person who is attending for the first time

    What else can you advise?
    I am thinking of asking someone for legal advise or asking someone to present, but I don't know who he should turn to.

    Thanks in advance.
     
  2. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,603
    Location:
    Adelaide, SA
    Take the "file" with you , being the lease, the condition report, the inspections, the ledger, dates/times of any email/sms/phone contact.

    Being calm is quite important. They'll give each of you your turn to speak and tenants like to rabbit on with their sob stories. Speak efficiently when its your turn, stick to facts, numbers and legislation.
     
    JacM likes this.
  3. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,347
    Location:
    4/136 The Parade Norwood, South Australia
    Go in with a goal in mind ie asking for vacant possession.
    If this is a first offence for the tenant it is likely to get overruled and they get placed on a payment plan. Keep this in mind and work to seek a solution.

    Focus on what you want for the Property, what is a fair consideration you would be willing to make.

    Some property managers and landlords just want to see people punished even at their own detriment.

    Remember a tenant does not fall into arrears to do something to you - it's not personal, it's not about you do don't get personal, don't get emotional, don't punish.

    Focus on a goal that you want and never on what you want done to another person because of what they did to you.

    Never go in and start screaming about how unfair something is - you can't be emotional and intelligent at the same time. One cancels out the other. The need to punish is emotional.

    I would go in, ask for vacant possession, due to these facts....

    If it gets overruled then I would negotiate the terms of the payment plan to be more in favour of the landlord. Ie I would like a self excecutive order then.

    Step by step in a logical fashion with a plan to follow up.

    Ensure all legal forms have been served correctly otherwise that would be the end of it.