Hi guys,
Haven’t checked into the forum for a while, everything been going well until NOW!!! I am handling one of my IP’s myself. The IP is approximately 1 1/2 hrs away from where I live. This is the scenario…..Bought IP, renovated it, selected tenant, did all the relevant paper work (additional conditions on tenancy agreement to cover myself), and did first inspection. Didn’t give any neighbours my phone number….didn’t want to get too involved there!! Anyway a neighbour of my tenant tracked me down by going to all the agents in town to find out who I bought the property through and got my ph. number (must have been desperate obviously)…..and yes she was. 1 week after my inspection the tenant started running a muck – creating disturbance in the street, underage drinkers and lodgers at the property, smashed front door, smashed bottles all over the yard, unkept front of house, the list goes on. The day after the complaint I went to my property and could see enough damage from the front to serve a breach, which I did. Got the Police to come and witness it, besides I felt unsafe. I have learnt the tenancy laws certainly favour the tenant. The breach gives 14 days for the situation to be remedied. Well she stopped paying the rent immediately and on inspecting the property on day 15 nothing was fixed and the inside was also damaged and a pig sty. I have now served the termination notice and today I received a bill in the mail for overdue water acct she has not paid, still no rent….I think I have a nightmare on my hands. Any suggestions? I feel I have done everything by the book – what are my chances of winning in court cause I think that this is where this is heading……Any help would be appreciated. Thanks……..
sad suzie [glum]
I think you know the answer. Have not had specific experience, but unless they have strong assets (renting so guess they don’t) if you spend more money, then you will win a moral victory, and $10 per week ( may be $50) but after week one it will stop, and back to court you will go, etc., etc.,
If someone has had sucess, please post, but my experience shows the “bottom feeders” are looked after in court.Hello Suzi;
Do you have landlord insurance? If you do, you can claim for tennant damages and unpaid rent.Hope all work out for you.
regards
StartMy only advice would be to get them out ASAP.
Dont get hisheartened and give property investing away – get a property manager to look after it in future.Or review your application processes and see where you may have gone wrong.
I always use a property manager – for the reasons you are now experiencing.
Oh suzieq [bawl] what can I say????
You poor dear; I know EXACTLY how you feel!!!![blush2]I had the tenants from hell once too. They trashed my home to the tune of $11,000 and the insurance company thought itself generous offering me a measley 2,000 but it didn’t stop there, the next night, the tenants came back for a last go, and finally torched my poor home to the ground….which really hurt (more than just my hip pocket)as it was my very first PPOR which I’d bought just weeks before my 18th birthday!!!! (Trust me, a long long long time ago!!!) [blink]
GET THEM OUT, by the book, as quickly and as amicably as possible….and BEWARE the Tenancy Tribunals [smash] they don’t like Landlords/ladies very much !!!! They are definitely in favour of the “under-dog” and by this they don’t mean you the property owner!!!! [glum2]
Keep us posted, best of luck
Jo
P.S. From then on; I never managed an IP on my own again!!!! Haven’t had any dramas like that since, thank goodness [sweaty]Hi Suzie,
First thing to do is read Monopoly’s letter. Once you have done that read it again and again and again. Especially the ps.
Out sourcing is the way to go. You havent got time to learn all the laws and police what is going on. The most important thing you have is your time. How much time and money have you spent trying to get these people out. Compare that with the cost of a property manager and you get the idea.
When investing, its all about making money. However, you must spend it to make it. Its about spending it in the right areas. A good property manager is a great investment.
Good luck,
Mic.
P.s. Dont forget to read Monopoly’s letterHunter House Hunters.
Specialising in finding your dream home in Newcastle and the Hunter Valley or your perfect investment property throughout Australia.To join our database [email protected]Hi House Hunter,
Thanks for the vote….do I get prize???!!!![laugh4]
I did have a giggle; mind you not over my story; even to this day (23 years later) I still can’t find it in me to laugh about it!!!!But hey…..one learns through ones mistakes; and boy….DID I LEARN!!!!! [glum2] [book]
Cheers,
Jo
I feel for you suzie what a bugger.
Out of interest, was there anything extra you think you could have done during the due-diligence of checking tenants background and history?
I have known many people who have turned bad tenants, i would suggest approaching them with a personal deal to repay debt/repairs. If you explain that they will have a bad credit rating and be blacklisted for all future property rentals they may come to the party.
If they agree set up AUTOMATIC TRANSFERS when their pay goes in. All banks do this, and centrelink have an system called “Centrepay”.
Watch Godfather movies on tips to squeeze reasonable remunerations from low-lifes.
If it don’t kill you, it will make you stronger.
[thumbsup2]
lifexperience
Originally posted by lifeX:Watch Godfather movies on tips to squeeze reasonable remunerations from low-lifes.
LifeX,
I like it…..influential type movies hey????[idea] [bomb] [devilish] [fear] [winking]Suzie,
I do NOT believe the tenancy tribunal will favour the tenant in this circumstance (you will not be going to court, but to the Tribunal). They will follow the laws of tenancy. Make sure you read what you need to do and follow the process *to the letter*. If you react and do something outside of what you are legally entitled to do, then it is more likely that the Tribunal will offer the tenant another opportunity, due to your acting outside the Tenancy Act. Document any evidence you might have. The police will probably not have much involvement as they usually have other things to do than become involved in this kind of thing- unless the tenant begins to act criminally.
Do not threaten the tenant, or send her letters until you have gained advice about this. A property manager might help you out on this side of things (and then I think you should hire a PM- the $20 you save per week by not using one isn’t worth it). Just seek advice and then do what you have to do. Sometimes landlords do things that are out of line, and the Tribunal will throw the book at them. But for those who do the right thing, you can trust that the Tribunal will follow the law and deal with the situation.
Best of luck!
kay henry
Dear SuzieQ
Monopoly is right. I’ve done plenty of these and they’re all unpleasant, and not for those who don’t fully understand all the laws relating to this situation.
On the basis of the limited info provided, you have a bad tenant and a potentially violent situation. Get a PM immediately, negotiate terms with them and pay them to do the following for you :
1.remove the tenants asap, they will do it legally.
2. recover whatever funds they can, bond, rent, damage compensation etc.
3. fix the property
4. find new quality tenants. Your tenant selection system is flawed .
You are in a specialist area now and should not take chances yourself because of the dangers and complexities of the lobsided laws. Good luck,
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Thank you all for your replies….it has taken me this long to jump back onto the forum – as you can imagine I HAVE BEEN BUSY!! To LifeX – I had this tennant set up through CENTREPAY but she has the right to pull the pin whenever she likes and that is exactly what she did when I served the first breach on her – hence no rent since. Also I checked her references through a local r/e agent she had rented from, said she was a bit untidy but generally a nice girl. My gut feeling was not good to begin with (single mum, 3 kids), but I went against it because I thought I was just being judgemental and should give her a go. I feel I’ve been slapped in the face. Also on reflection we purchased the property, renovated it, advertised it and didn’t get a lot of response in the first two weeks…..I think I paniked about it being empty and this also caused me to let her in. I have learnt a lot through this experience 1. I was too emotionally involved with the house and 2. I’m up on all the Tenancy Laws so at least I know if a PM is doing their job right should I hire one. According to the termination notice she should have moved out last Thursday. I am having the locks changed this week….she’s STILL moving stuff out but I have let it go this long because it will cost me more to move her stuff out and besides which, I couldn’t get up to the property till this weekend so I didn’t see any point in pushing her! All of your advice has been helpful, I shall keep you posted after I’ve assessed the situation after this weekend.
Thanx again
sq
Suzie,
I know that slapped in the face feeling. I just had my first centrepay pin pulled yesterday.What was the lesson you have learnt from having compassion override better business sense?
I am still struggling with this, (and seem to keep getting slapped in the face) (see my soft landlord post)
Go suzie, this episode will make you stronger.[daisy][daisy]
lifexperience
I would asses the damages if any that couldn’t be cleaned up in a day or two. You loose two weeks rent, if she’s out and you look for a new tenant. Not a rebel that’s going to drink with all her friends and run muck and not care about the house.
And basically dodge going to court, I imagine with this type of person, it doesn’t matter if you go to court, she still doesn’t have to pay it if she doesn’t want to. And she’s already demonstrated an anti towards the system by not paying you the rent, once on breach.
Most importantly find out how much damage, it seems it’s only unsightly damage such as a mess and bottles and things, if it’s not much, I would count your loses. Move on to a better tenant.
Back in the land of living. Spent the weekend cleaning up the mess, not too much damage though. I don’t want to go to tribunal if I can help it, I just want to move on and put it all down to experience!!!! However, I am applying for the whole of the bond which will cover cleaning costs/damage to property……..and maybe some of the rent I’ve lost[blink]
Thanks for all your advice. SQ
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