Hello,
I have a situation where I would like to solve/correct.
Recently settled on an investment townhouse in Far North Queensland in the next suburb over from my PPR. Quick responce from rental add in paper for a short lease with partly furnished and had a couple with kid in there a week later.
We (partner and I) did a bit of a follow up on previous landlords and employer details however my Partner was trusting enough to let the tenants have the keys to the property after only paying $500 out of the $880 bond, not including that $220 weeks rent. They have only been in the property for 1 week. They had told my partner that they were waiting on a cheque to clear before we saw the rest which was ment to be clear around Monday just past. It may or may not turn into an issue however I am just preparing for the worst.My partner can not send the bond away (10 day limit) until we get all of it. We have not given them the copies of the tenancy agreement as yet.
One thing I would like to know is what options do we have.
Also can anyone enlighten me on how to access Tenant blacklists like the real estate agents have access to? And what information is needed to input into the list (eg drivers licence..) Just wanting to see if these tenants are on it. I am aware this should have been done before hand.
The reason why it is a short lease is that we are planning to move into it in 4 months and do a few improvements.
Any ideas would be helpful.
CheersHave a look at the tenants union website, http://www.tuq.org.au/.
It is meant for tenants, listing their rights and proceedures for evitions etc, so it should give you an idea of what you can and can't do.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
> NOTE WELL > Lodge any Bond Monies you have ASAP. You don't need to wait for the full bond amount to be paid. Holding onto the funds beyond the allowable period is a breach of the act. You seem to already be aware of the need to comply in this area.
http://www.tica.com.au is the tenancy database many agencies use. I'm pretty sure that the service is only available to agents. Now that the tenant is actually in the property I’m not sure about the legality of accessing the information anyway. Similarly you would need a signed privacy disclosure from the tenant acknowledging their permission and your intention to access the information.
> Future reference. Most agents will do a let on a rental property. That is the agent will find the tenant check them out draw up the lease and maybe for an additional fee even make sure that things like the entry condition report are conducted in accordance with the act. Ending up in small claims without the t…s crossed and i…ss doted often means that claims don't even get past the application process and by the time you've sat down in court its time to leave.
Don't risk it for a fee of say the first weeks rent get an agent to the hard task of finding a good tenant and getting the tenancy off to the right start. This is where the agent makes there money. The ongoing management of the property isn't the real cash cow its new and changing tenancies. So they'll be keen for your let business for sure.Contact the Residential Tenancies Authority (RTA) they exist for landlords too. http://www.rta.qld.gov.au
Tenants in QLD can only be blacklisted if they leave a property with more money owning then the bond. Contact the tenants previous landlord/agent because bad tenants can't be "black listed" until they've left a property. By that time someone else has already rented to them. Thats how things work today and the laws in QLD are changing frequently.
I agree with Opportunity In on using an agent. There are so many rules and regulations these days that it just isn't worth the hassle to be doing it yourself. We tried self managing several years ago, but now only do it for our children. And if they ever get sloppy with their payments,we'll be putting them under an agent too!!!!!
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