hi Carlin
just wondering, how did you go?We buy properties in Adelaide. Immediate Cash Settlements, No Real Estate Agents, No Fees.
[email protected]
phone 0412 437 582Sorry to hear of your predicament because I’ve been there before. When my tenant stopped paying rent and I questioned the property manager, they refused to go to the Tribunal on my behalf. Two trips later and 2 rulings in my favour, the tenant paid $50 and stopped. The tribunal is for the tenant and the landlord has no recourse. I considered getting the Sheriff to sell her up but the best thing I did is stop chasing her for money. My best advice – cut your losses and learn from the experience. I have only had great tenants from then on because I choose them more carefully. Best of luck
that’s what I think too. I usually don’t go beyond informing the tenant that they are in arrears and asking them to make good. If they don’t, they have the choice to leave and I then focus my energies on the next tenants.
I find conflicts and tribunals very counter productive and sometimes just prefer to cop a loss and move on, but that’s just me!!!
We buy properties in Adelaide. Immediate Cash Settlements, No Real Estate Agents, No Fees.
[email protected]
phone 0412 437 582Hey,stargazer- I just LOVE your quote (at bottom of yr pg) got a great laugh outta that,thanks.
Hi, it’s sad yet strangely comforting to read how many other people have hassles with residential tenants.
My experience has been that an even bigger problem is Property Managers.
They are happy to promise you the world, and take on your $$$$$ of property, but then …..very little.
I would happily pay top dollar if I could find Property Managers that actually do what they promise. If I dont contact ours almost daily things just fall apart, and we end up with what we have currently – two tenants owing substantial sums of money within the last month, it is just one stuff-up after another.
We would like to change managers but have to wait to settle the claims first.Has anyone found managers that actually do what they promise? They must be out there?
I find that they leave way to much to chance, and address the problems later, when the damage or losses are done. It is so frustating, I think it might be worth going back to self management.
regards J[blush2]I know that this may sound extreme and I don’t know if I would do this myself but just thought I’d put it out there. What about if after they wouldn’t pay you organised an inspection and than said “oh that front and back door is terrible” and then took the doors off and took them home with you.
The tenant can then take you to the tribunal. However, they don’t really have a hope in hell as they haven’t paid you any rent. Plus they wont be able to get the hearing quick enough. As there’s no doors on the house. Who has the head ache now??
The risk I suppose is that they take a hammer to your house. But then they are risking criminal charges of vandalism.
You know I think that’s a pretty creative solution. Anyone got any others? I mean its obvious by this thread that normal means don’t work, they are using the law to their advantage and bending it at the same time. Why cant we as land lords?
Of course this would be after you have tried you utmost for a win-win.
[biggrin] MarkyMark
MarkyMark, I love it! Probably better if the tenants dont know your home address!
Julie[biggrin]
Yes, good one Marky Mark, except in my case the place is fully furnished so it’s MY stuff that’s at risk in a place with no doors.
Well, I’ve finally got my tenant from hell out and I didn’t have to resort to bailiffs. He still owes me, says he’s going to pay but I’m just about positive this one’s going to end up in court.
I have to say that although I think the Residential Tribunal here in SA gives tenants too long to pay up, they have acted quickly once the due dates have arrived.
What I’ve learnt from all this is to make sure you take action and follow procedure as soon as you can – ie: serve those forms as quickly as you’re allowed to, and – if faxing stuff into the Tribunal – phone up to make sure it has arrived. You don’t want a simple thing like a failed fax to hold up proceedings.
And before serving any forms, write a very formal letter to the tenant (it will come up as evidence, so keep it formal and polite) advising him/her of the action that will be taken if rent isn’t paid by XX date. Put “cc-Residential Tribunal” at the top, but don’t send it to the tribunal. This just reinforces to the tenant that you mean business.
Anyway….I have the place advertised this w/e and will be heavily screening all prospective new tenants + I’m going to ensure they have an automatic debit system set up before they move in.
Thanks to everyone who’s offered advice – it’s really been comforting to hear from you all and not feel so alone in dealing with this situation.
Wish me luck!
Carlin
Although I was initially extremely anxious about my one and only tenant from hell and the money they owed me I ended up thoroughly enjoying my process through the tribunal system. Learnt heaps and got some great advise from the registrar.
I agree you have to be very vigilant about following procedures and meeting time frames. Find out exactly what they want and give it to them.
I ended up with a judgement against the tenant but no expectation that I’ll ever get the money. I am going to take the next step so I know how that works. I am keeping my ex-tenant, who I strongly suspect is also indulging in identity fraud, on her dishonest toes .
I’m sure my enjoyment levels will go down if I get more of these tenants. So more effort in getting the right tenants in the first place even if it means continually checking with PM and “encouraging” them to get it right.
My tenant from hell has moved to Victoria, Bendigo area. I’m not sure what the legal issues are about the naming of such people in public forums so if you want more you had better email me. “She” rented my property under her real name.
Mark, I also love your idea. I hope I have the guts to pull it off one day.
Anne.
Thanks Carlin for the update.
I’m in a similar position, but my ex-tenant has just been extradited to SA!! Nothing would give me more pleasure than to name him on forums, just so others are aware of these crims.
Does anyone know of some sort of database we can look up tenants names and backgrounds?
real-estate agents have access to a data base that contains dodgy tenants. A while ago I was watching a program on TV where a nasty real-estate agent had placed this ladies name on the database for some reason. Anyway she had huge trouble finding a place to rent as everywhere she went people would nock he back as she was on the list.
Anyway, the program want on to say that there was no formal process for placing names into the database and there should be etc etc.
So apparently one does exist. Cant remember the name of it off hand though.
Cheers,
MarkyMark
p.s. I think making the auto debit from the tenants account to your (or managing agents trust account) a term in the rental contract is an excellent idea. To my knowledge even if the money is not in the tenants account it will still be transfered. Meaning no late payments.
Hi Carlin
Glad the slider is out. The decision about chasing the money is not easy. It probably should be done once for educational purposes, but expect poor results usually. The law tends to favour the poor unfortunates, and rarely favours you hard-working, self-sacrificing, gratification-delayed, bread’n’water eating, mean and grasping capitalistic debt-laden home providing landlords.
In NSW you can ask for 6 weeks bond for furnished premises, but only 4 weeks for unfurnished. Not sure with SA.
Definately the key is tenant selection, and clearly advising them what they are expected to do.I can’t go past TICA for a good default tenant database, used it heaps, it works wonders.
Hope you find good tenants, they’re out there.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Hi Carlin,
Have been in the same position myself – so I can empathise!
I’m still getting the paperwork together as I had a massive cleaning bill when she left.I didnt want to clean up her boyfriends syringes. I had always given her extra chances beacause she has 4 kids under 5 – more fool me.In regards to registering tenants on the database, in WA the law also favours the tenants. They must agree in the application for the tenancy that you can check them on TICA and this also allows you to list them if they default, or something else.
Agents have access to the databases, private landlords can subscribe through landlords associations and maybe other means – definitely worth it.
You might want to check the legalities of putting the direct debit in the lease, as my property manager tells me this is not legal in WA.
However, she asks if they would like to pay this way and the preferred tenant would be willing to pay this way (unofficially of course).Getting back to recovering money from tenants I had mine laugh in my face and tell me,
“I’m a single Mum, what do you think they’ll make me do, pay you $5 a week?” HA, HA, HA!
That’s tough to take.good luck Julie[blush2]
Julie, your tenant sounds worse than mine was! At least mine didn’t flout his non-payment in my face. He opted to take the endless broken promises route – some people sure do have lying down pat.
I’d take her on, even if it does end up being just an exercise in masochism.
By the way – what does TICA stand for? Is it national or just WA? I’ve never seen it mentioned on a rental application or rental contract.
I have heard of a database here in SA, but I was told only agents could access it. I’m going to check that with the Landlords’ Assoc.
All I can say about your tenant is what a shame these people are such prolific breeders.
Good luck to you too.
Carlin
Hi Carlin
I dont know what TICA stands for but it is National, and linked to NZ, and Britain too!It is primarily for agents but I think any ‘qualified’ person can subscribe.
It doesnt appear on leases as it is not part of the tenancy act – in WA at least.
The database is the primary reason I use agents, however, it turns out our last manager didnt even check them out – despite telling me otherwise. Pays not to trust anyone when it comes to rentals. Now I ask to see evry document – esp. prop.condition report.
And I make it very clear that I have a preference for direct debit tenants, even though they cannot convey this.
I’ts funny that one normally must show some form of commitment to pay when entering into a contract, but tenants are given way too much leeway under the law.
But hey! In the end the Capital gains make up for ALL the hassle.Cheers Julie [sunny]
TICA – Tenancy Information Centre of Australasia.
Part of the plan is to advise the prospective tenant that TICA is part of the deal, so immediately it discourages breaches of the lease.
PM’s or other subscribers to the TICA database, can printout a “search result nil” confirmation, showing that they checked the database for that particular tenant (duty of care).
A negative listing on TICA causes prospective tenants many declined applications, and it enables PM’s to receive updates of current whereabouts of defaulters when a database enquiry
encounters a bad listing.I had one defaulter ring me 3 years after a default requesting the opportunity to pay up and have her name removed from TICA. She paid $350 same day. Name was cleared. Then I had to search for the owner, house had been sold twice since, but the money belonged to the owner at the time of the default. Needless to say, they liked the database. Prospective tenants can object to it if they like, but it only makes them look suspect and certainly doesn’t help their application.
I wouldn’t attempt property management for one day without it.
cheers
thecrestI have no vested interest or affiliation with TICA.
thecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Hi Carlin
Good luck with a new tenant.
I have Landlord Protection Insurance with Terri Scheer. The only time I had a problem with a tenant (he absconded owing rent) my PM made the claim with Terri Scheer and all outstanding rent was paid without any problems.
I am also lucky because I have an excellent PM. She is not in SA though. Maybe you could ask on the forum for good PMs. When I lived in Adelaide I went through Mayo & Co. I think the PM’s name was Margaret. I thought she was excellent. That was a few years ago though. I don’t know whether she is still there.
Cheers
K
Hi Carlin
I use Gemini Management. email me for details.
In the 10 years I have used them, have had problems with only 1 tenant and GM got everything I asked for when they went to tribunal.
[smiling]
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