Who hates Bad Tenants

Discussion in 'Property Management' started by TroyS, 6th Oct, 2016.

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  1. Phoenix Pete

    Phoenix Pete Well-Known Member

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    Here in NSW the Tribunal makes an order for possession which is the date the tenants must vacate by. If the tenants do not vacate the premises by the termination date then the owner or owner's agent can apply for a warrant for the enforcement of the order for possession, on the day after the termination date. The warrant is ordered from the Tribunal itself. Once the owner or agent has the warrant (usually takes up to a week - depending if the warrant is being collected from the tribunal or if it is being delivered by post) then it's a simple matter of attending the Sheriff Office which covers the location of the rented premises, paying the fee, getting the date and time when the Sheriff will attend the property, booking in a locksmith to be there at the time possession is 'given' to the owner (the 'eviction' if you like - I don't like the word 'eviction') and that is it. The warrant must be executed within 28 days after the date the warrant is issued.
     
    Last edited: 6th Oct, 2016
  2. Phase2

    Phase2 Well-Known Member

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    f
    Makes you just want to burn the house down doesn't it? :mad:

    Maybe you could anonymously gift them a couple of dodgy bar heaters?? Let fate take it's course? Then claim the insurance? ;)

    Seriously though, can you report them to Dept of Immigration? Suspect they're overstaying their visa? See what happens?
     
  3. Phoenix Pete

    Phoenix Pete Well-Known Member

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    Hopefully the tenancy application has the relevant tenancy default database disclosures signed by the tenants. If so, then listing them on a database will make it a 'tad' hard for them to find a new place, get finance etc down the track.
     
  4. hammer

    hammer Well-Known Member

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    Sugar. What you need is a few kilos of sugar.

    Sprinkle liberally throughout the property then watch the ants carry them away.....
     
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  5. D.T.

    D.T. Specialist Property Manager Business Member

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    Has nothing to do with finance, it doesn't go on their credit file.
     
  6. Barny

    Barny Well-Known Member

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    Will this really work, how do you get into the property? Any other (grey) methods like this to get rid of bad tenants???

    Was thinking if you placed an anonymous phone call to the police stating they are drug dealers at first, then realised it would probably back fire against you with cops busting down doors and damaging the house looking. And if the did find drugs and escort them out, are you actually legally allowed to take back possession?

    @D.T. What are some other methods you have heard of through other agencys. As I know you wouldn't take part.
     
  7. Big Will

    Big Will Well-Known Member

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    [​IMG]
     
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  8. Phoenix Pete

    Phoenix Pete Well-Known Member

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    Yes, you are correct... I should have said that the bad tenancy will obviously reflect on the rent ledger and it is this that could affect the tenant's ability to get finance.

    That said, how good would it be if information put on a tenancy default database was also uploaded onto a broader database like Veda ??
     
  9. Stoffo

    Stoffo Well-Known Member

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    Left of field

    "If" you have been awarded possession back, can't you just go over and change the locks ?

    (Providing no one is home ? AKA effectively they are squatting and as such at least one person has to be their at all times or they forfeit the right to squat ? Just asking )
     
  10. Stoffo

    Stoffo Well-Known Member

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    Get old beach umbrella from shed along with step ladder.o_O

    Go over and use the lower half of the umbrella post (the screw end) to remove electricity main fuse from box on facia board of house.:oops:
    Message @datto for other idea's :cool:
    Go home and laugh :D
    Later, post the idea's "you've heard about" in thread:)
     
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  11. Stoffo

    Stoffo Well-Known Member

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    I had a similar problem once.
    No rent, wouldn't leave, house trashed (literally)
    I went over and TOOK the front door, and nailed the back door shut :confused:
    They were to afriad to sleep at night :p
    Afraid i or anyone could walk on in and rob them (or better) :rolleyes:
    Gone inside of 2 days.:D:cool::D:):):)
    (Yes, damage assessed and insurance fixed)
     
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  12. TroyS

    TroyS Member

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    Thanks for educating me.
    and no its been almost 28 days and I havent heard a sound from a sheriff.

    Here are the facts that might shock you:

    You finally decided to kick your tenant out in a legal way because she owes you a lot of money and she is not gonna pay it back no matter what

    So you need to serve them a Termination Notice given at least 14 days + postage (=14+days)

    After that you found them still not leaving so you got noting to do but lodge an application to tribunal. Take all the doc prep and administration time cost out of consideration, a direction hearing will be set in 2 weeks time (=28+ days).

    So it gives you 10 mins to explain the situation and of course you cant reach an agreement with your tenant, therefore another 3 hours hearing will be set .... in about 1 month ( = 58+ days)

    Finally you waited till the hearing and get your "justice", the member of tribunal (tenant bias) terminates the contract and gives orders to pay the arrears and ask them to vacate, but he gives the tenant 3 weeks to sort things out before your gain the possession (=79+ days)

    Of course the tenant is still not gonna leave after your have gain the possession unless you kill them. So you have no choice but to lodge a court case ($), then request for an order warrant ($) which takes about another week to get proved (=86+ days).

    And now you just have to wait the sheriff to come and get'em, and you waited for weeks finally got an answer from the sheriff office saying they have the order but they have hundreds of orders that are more urgent than this, you have to wait, exact time unknown (= forever)

    : )
     
  13. willair

    willair Well-Known Member Premium Member

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    I have just gone through this and it's not a easy job,the best way is let who ever you have landlord insurance with help with the process from the time the tenant never pays rent from the start only the bond..
     
  14. D.T.

    D.T. Specialist Property Manager Business Member

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    I'm quite a no BS / no nonsense kinda guy so I play everything by the book. It has its weaknesses and downfalls, but if ya follow the system properly it does work.

    One of mine looked like this:
    - Tenant last paid 2 weeks rent on 4/6/16 (paid up to 17/6/16)
    - Form2 sent 4/7/16 with priority label saying to pay by 14/7/16 or exit
    - Lodged Tribunal application 15/7/16
    - Tribunal wrote back with hearing booked for 3/8/16
    - At the hearing they were given 7 days to vacate and full bond to agent/owner
    - Tenant texted me on the 6th night asking for an extension because they couldnt find anywhere (he must have a good sense of humour)
    - 7th day lunch time booked Bailiff (i really dislike how we can't book them until the 7th day, should be able to book them in advance). He gave me a time of 3pm that same day.
    - 3pm rocked up with Bailiff and locksmith to change the locks. Tenants left, abandoning some items but had already taken most.
    - Over the next few days arranged junk removalist, cleaner, mower, handyman to fix damage
    - Used bond for cleaner / mower / junk co.
    - Lodged insurance claim and was granted handyman's bill, glass repairers bill, loss of rent from 18/6/16 to 23/9/16.

    That one was fairly straight forward and went well. I have had one like the OP described where they didn't want to leave - bailiff, police and firetruck all involved as they threatened my life and also threatened to burn house down if they had to leave.It took about 3-4 days with police involvement everyday but they're gone. Police don't like to get involved because its a civil issue and not a criminal one, but after bailiff has served their paperwork the rules change, thankfully. There's a reason I no longer own or manage properties in this area.
     
    Last edited: 6th Oct, 2016
  15. Tony Fleming

    Tony Fleming Well-Known Member

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    Davoren Park???
     
  16. Player

    Player Well-Known Member

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    Sound like mediation is in order.

    Uncle Mick might be able to help

    mick-gatto.jpg
     
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  17. DaveM

    DaveM Well-Known Member

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    Most PM's wont manage there anyway... generally those that do are either desperate for business or charge a higher mgmt fee to offset the increased workload
     
  18. datto

    datto Well-Known Member

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    I like the sprinkle sugar idea.

    I'm thinking chicken manure on the front lawn. About a tonne a week till they move......tell them the manure is your olive branch lol and of course apologise to the neighbours ( a slab of beer should do it).
     
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  19. datto

    datto Well-Known Member

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    Oh......Don't do the manure trick in the Druitt. Won't work there. The tenant will shovel it inside to warm the house up and make the place smell better lol.
     
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  20. Scott No Mates

    Scott No Mates Well-Known Member

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    Have you sent them two tickets to a footy final/concert/movie/event that they'd want to attend? When the coast is clear, change the locks and street number ;)

    ...and you probably shout them an uber as well ;)
     
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