Hi Forumites
What are peoples expereinces with regards to outcomes from small claims tribunal visits.
The reason I ask is that a tenant that rented by the skin of his teeth and always paid up just before being issued a default notice. He finally left and owes me about $1500 in rent and about $1000 in repairs etc from me and about $1600 in unpaid water expenses from a previous owner.
What are people’s expereinces with getting money back from recalcitrants like this?
Before you ask, I did not have LL insurance (yes naughty me) as the leasee was a company and I thought it should have been OK as it is not a small one.
People normally get paid out or have the sherrifs been sent in to confiscate goods?
Later………..
All things are possible to the person who believes they are possible.
Whateve the mind of man can conceive and believe, the mind can achieve.
Napoleon HillFirst you need to get a court order. Once you have that you can send in the sherrifs, but firstly you need to find out where they are living. That is the hard part and it can cost money to try to find someone.
The good news is once you have the court order, you can have up to 7 years to chase them.
Terryw
Discover Home Loans
Mortgage Broker
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Don’t like your chances regarding the water bill. I have never known a tenant to pay this.
The bond should cover a lot of what is owed. The rest should be recoverable through the Tribunal if it can be proven that the rent is owed and the repairs were not required before the tenant moved in. They are pretty reasonable in the Residential Tenancies Tribunal.
Robert Bou-Hamdan
Mortgage AdviserI don’t need to worry about the previous water bill as this was paid by the previous owner.
The bond will probably cover the repairs but not the outstanding rent.
Oh well, at least we know where the business is and can send in the sherrifs.
Later………
All things are possible to the person who believes they are possible.
Whateve the mind of man can conceive and believe, the mind can achieve.
Napoleon HillHot Rod
If you know where they are, seek and get your court order now. If that business closes and you cannot serve them, you are wasting time later. You can ONLY send in the sheriff after you have judgment and he will only take goods that are not required for everyday living. Warrants of seizure are generally a waste of time. Once you have that judgment, take out an enforcement hearing order (or examination summons depending where you are in the country). That will make them appear in court and explain their financial position, produce bank statement etc or be arrested.
Works for me!!
cheers
markk
Happy Hunting
http://www.kentscollections.comI was under the impression this was a residential tenancy.
Robert Bou-Hamdan
Mortgage AdviserIt is a residential tenancy, leased to a company.
All things are possible to the person who believes they are possible.
Whateve the mind of man can conceive and believe, the mind can achieve.
Napoleon HillForget the Tribunal. Sorry for the incorrect info.
Robert Bou-Hamdan
Mortgage AdviserWhy do you say “forget the tribunal”?
All things are possible to the person who believes they are possible.
Whateve the mind of man can conceive and believe, the mind can achieve.
Napoleon HillCommercial leases do not go to the residential tenancies tribunal. I was not referring to small claims.
Just go to your Local Court and they will help you for free. Make an appointment with the Chamber Magistrate.
Robert Bou-Hamdan
Mortgage AdviserIn most states regardless of the nature of the tenancy Small Claims will handle the matter but Robert is right. Don’t go to the Res Tenancies Tribunal if it is a company lessee.
In Qld you won’t be able to see a Chamber Magistrate (not sure about other states) and the court registry will only give general advice but it is a starting point.
markk
Happy Hunting
http://www.kentscollections.comDo they have an equivalent to a NSW Chamber Magistrate in Queensland. They are extremely useful here with getting things done and they are FREE!
Robert Bou-Hamdan
Mortgage AdviserIn Qld you have to make an actual formal application to the Court to appear before the Magistrate. You will have to pay a filing fee etc to appear but if you don’t know the process and what to do they will send you off to a solicitor or legal aid. They will not advise you.
I have heard about the Chamber Magistrates in NSW-great idea and obviously they do what our don’t!
markk
Happy Hunting
http://www.kentscollections.com
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