Hi There
I am to visit the Residential Tenancy Tribunal soon – has any body had dealings with them? I am a responsible landlord and have a healthy respect for all my tenants. In a nutshell, Tenant signs Fixed Term Agreement, and decides to move out some 15 days earlier. No breach of lease by myself, and i am left 15 days short of rent, ie $690.
I have to go to this tribunal, and try to recoup this rent. I have held notified NSW Rental Bond to withhold bond monies until resolved.
Can somebody give me some information and hints on this.
Kind Regards
qbnjuggernaut
Hi There
I'm a property manager in Victoria, and i believe the tribunals run reasonably the same…
If a tenant has signed fixed term agreement, this must have a clause in it stating that they are responsible for break lease fees if they do so. This can include a letting fee, rent until a new tenant is found and advertising costs.
HOWEVER – tribunals are very swayed in the tenant's opinion (despite the cynical view that we scratch their backs, they scratch ours…) and so any clauses added by a landlord/agent can be thrown out by the tribunal. It depends entirely on the member that hears the case. If the tenant doesn't turn up this is also a bonus. Make sure you have sent all notices, including notice of the hearing by registered post.
Good luck!
Hello'
My experience with VCAT, in Victoria of course, was not so positive.
The fact that one letter which did not arrive in the post, I put my hand on the good book and stated this, did nothing to stop VCAT letting the tenants getting away with my $4000 in unpaid rent and damages.
Even after I applied for a review of the hearing there was no mechanism to stop the bond being released back to the tenant while we waited for the review hearing.
It made no difference that the tenants did'nt show for any hearing what so ever. Nor that i dotted every i and crossed every t with my application.
As a result i'll never manage my own rental again, and everythime a tenant wants repairs, well lets see what they have done to deserve it. Yes awful experience left it's mark on me.
Max
rachelthelegend wrote:Hi ThereThanks for your comment – Tenant asked for posponment – overseas on holidays. As "goodwill" i supported application. This gives me more time to do some homework. I disagree with your statement.
I have downloaded a full copy of residential tenancy act(NSW) and it runs into something like 70 odd pages – not the 4-6 pages you get through agents. I believe a "fixed term lease" is exactly that – it confirms it under section 3 of the act, as does "tenant", "landlord" and "tenancy agreement". I believe the tenant has breached sec 53 subsection f and g "A residential tenancy agreement terminates only in one or more of the following
(f) if the tenant abandons the property;
(g) if the teant delivers up vacant possession of the premises WITH THE PRIOR CONSENT of the landlord, whether or not that consent is subsequently withdrawn. I certainly did not give prior consent. Nor have I breached any part of the lease.
So that is what i will go to the tribunal with. You cant have tenants breaking fixed term leases – it sends the wrong message, that you can go around and break contracts, go through tribunal and win. It is the same for landlords. I do agree with you that "depends on who is on the tribunal", I have been told this by a couple of agents, who have lost "certain tenancy breaches by tenants" and the rich landlord can mop up the damages, as they can afford it!!!Im a property manager in Victoria, and i believe the tribunals run reasonably the same…
If a tenant has signed fixed term agreement, this must have a clause in it stating that they are responsible for break lease fees if they do so. This can include a letting fee, rent until a new tenant is found and advertising costs.
HOWEVER – tribunals are very swayed in the tenant's opinion (despite the cynical view that we scratch their backs, they scratch ours…) and so any clauses added by a landlord/agent can be thrown out by the tribunal. It depends entirely on the member that hears the case. If the tenant doesn't turn up this is also a bonus. Make sure you have sent all notices, including notice of the hearing by registered post.
Good luck!
QB, how can you assume that the tribunal should back the owner? Owners don't contribute to the bond (paid by the tenant)
Scott No Mates wrote:QB, how can you assume that the tribunal should back the owner? Owners don't contribute to the bond (paid by the tenant)qbnjuggernaut wrote:Scott No Mates wrote:QB, how can you assume that the tribunal should back the owner? Owners don't contribute to the bond (paid by the tenant)In my case, the tenant broke a fixed term agreement. I have lost approx $1100 in rent, as tenant moved out with 3 weeks left on tenancy. I have not broken any part of the lease. If you take the time and read some of the decisions made by tenancy tribunal – http://www.cttt.nsw.gov.au there is obvious breaches by both tenants and landlords, all that i am saying, is if you are grieved by a percieved breach by either party, take your complaint to the tribunal.
All you look for is consistancy – the Residential Tenancy Act 1987, is the legislation that we as landlords/tenants are governed by, and clearly sets out those standards. If you break this, you are in breach of it. But i am not so sure, after reading some of the decisions, made by the tenancy tribunal.
The odds of winning at the RTT are very slim, regardless of how far in breach the tenant is. You can have all the records in the world, perfectly maintained etc.
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