All Topics / General Property / Landlords rights What rights ?

Viewing 20 posts - 1 through 20 (of 21 total)
  • Profile photo of JBJJBJ
    Member
    @jbj
    Join Date: 2009
    Post Count: 8

    Hello
    Not sure if its worth being a landlord sometimes.

    Tenant doesn't pay rent, and is issued with breach notices.

    Tenant goes  missing and cant be contacted. Finally contacts property manager   by email only.

    Tenant owes 6 weeks rent and then a warrant for possession is issued by the courts.

    Tenant comes back from his little  working holiday after about a month away and still doesnt pay rent.

    Only a police officer can go to the property, get the tenant to leave and give the house back to the landlord.

    If the tenant takes off again and leaves all his stuff behind the items have to be stored for 3 months.

    Waiting for the police to get our property back as I am writing this

    Ahh the joys of being a land lord

    Profile photo of maree_bradrossmaree_bradross
    Member
    @maree_bradross
    Join Date: 2007
    Post Count: 401

    Yeh it blows!! What does landlord insurance cover?

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Why did the agent let it go for 6 weeks?

    Profile photo of WJ HookerWJ Hooker
    Participant
    @wj-hooker
    Join Date: 2007
    Post Count: 272

    JBJ
           Yes the joy of it all, my advise is to just take it on the cheek. Adjust your tax etc and years later you won't remember it, think of the long run, hopefully you will get a good tenant next time.

    Profile photo of JBJJBJ
    Member
    @jbj
    Join Date: 2009
    Post Count: 8

    Hello the latest

    Found out warrant is being served in another 7 days where they actually evict him. . Police  resources are stretched so  they can only do it in 7 days time.

    So he effectively gets another 7 days free accommodation for all his stuff in the house and garage. He can move out when he chooses before 7 days.

    The tenant was served with two breach notices for not paying rent, goes missing, then notice to leave, then  was advised the  warrant takes effect next week 7 days from now.

    So the agent did the right serving of notices but he gets all the rights it seems.

    Landlord insurance

    It doesnt cover changing of the locks. The agent has to send all the paperwork to the insurance co and then will finally get our money.

    We are paying  his rent  for him effectively each week and that is the biggest annoyance ! Oh and all the rights he gets.

    We cannot set foot on the property

    We have two other properties with wonderful (so far ) tenants but this guy is the first tenant in this property we just finished renovating. The PM did the checks but I believe now he sussed out our place. He was only there for a short while, and took off to work elsewhere. So it seems he may have planned it all along. Find a house, dont pay rent, take off then come back all the while owing weeks of rent

    Aaahhh the joys of real estate sometimes

    I know it could be worse if he trashes the house so really hoping he doesnt  of course

    Profile photo of Results1Results1
    Member
    @results1
    Join Date: 2009
    Post Count: 77

    JBJ,
    I can only hope  it gets sorted as soon as possible for you, the stress on top of everything else is really not needed. The guy sounds like what I call a professional tenant – knows just what he can get away with. WJHooker has a point in the fact it will soon be a distant memory. One of my tenants did the same kind of thing and when we finally did get in there were syringes, rotten food, mice and carpets so stained we had to replace them. Now I can laugh about it, sort of.

    Hope you work it out.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    i have had a few of these sorts of problems – makes you want to invest in shares!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of JBJJBJ
    Member
    @jbj
    Join Date: 2009
    Post Count: 8

    Susrprise he has found some money (but not all )

    He has gone to the PM and paid some money but said he will be back  as he cant pay the rest ! Sure.  So where has he been the last month whilst using our property as a storage unit ? He will no doubt use the bond to make up the difference. We will still have to claim change of locks etc through Landlords insurance.

    Agent told us he has a car in the garage, tools , trailer so wed love to know why he cant find the rent money .

    I know it could be worse as he could have trashed the house. Maybe he has  as we are not allowed onto the property until the warrant is served in 7 days .

    We are not looking foward to seeing   what the next tenant will do. Maybe I should become a tenant as its great you get all the rights

    I am starting to realise how great the other two tenants have been in our other 2 properties for the last few years

    But there will always be one bad apple.

    In the 1970's my partner had a property and the tenant shot up the house. Literally.

    Profile photo of saka888saka888
    Member
    @saka888
    Join Date: 2009
    Post Count: 21

    The best right as a landlord is that you get to choose your tenants, may i recommend you use this right vigorously, don’t leave it up to the managing agent.

    Profile photo of kum yin laukum yin lau
    Member
    @kum-yin-lau
    Join Date: 2006
    Post Count: 342

    Hi, at least you have landlord insurance. I didn't even have that. And I had 2 tenants do that to me, not counting the one who never paid any rent & left $1500 worth of garbage removal fees.

    The house is still vacant – explains why I sold 4 last year and have been buying shares!

    I'm cheerful because today the shares are making up for all the tenant heartaches!

    KY

    Profile photo of ducksterduckster
    Participant
    @duckster
    Join Date: 2004
    Post Count: 1,674

    I only have one tenanted investment property. My first tenant did a runner and I only found out when I rang the managing agent to find out what was going on. In that time my property was broken into and vandalized. So I had to spend money cleaning out the trash the tenant left behind and fixing a smashed window, repairing the kicked in front door and cleaning human poo off the floor. The next one didn't pay the rent on time
    The tenant I have now pays on time so I spent a heap of money on installing ducted heating and Evaporative cooling as they have been the best tenant I have ever had so I have rewarded them for it. I think they are happy to, because they have a dog and I haven't made a fuss over the dog.

    I also invest in shares as I do not have to deal with the following turn offs.
    No rights for Landlord, Low yields, Stamp Duty, Mortgage Insurance, Land Tax, Council Rates, Insurance, Water Rates, Vandalised Costs, Maintenance costs, no payment of rent, large purchasing price on one investment and large capital gains tax bills if I sell.

    And they wonder why there is a rental shortage.

    Profile photo of JBJJBJ
    Member
    @jbj
    Join Date: 2009
    Post Count: 8

    KY and Duckster I feel for you.

    As we are not allowed to go inside our property until the warrant is served in 7 days we dont know if he has trashed the house.

    We were thinking of renting out our own home so we could move to another location but not now.
     I would now never rent out our own home.

    We heard that our tenant handed back the keys today so here's hoping he did. I'm worried he will go back to the tribunal and get more rights. He had only been at the house  less than 2 months before he stopped paying rent but he has all the time he needs.

    We still have to wait 7 days to get our property back

    Profile photo of WJ HookerWJ Hooker
    Participant
    @wj-hooker
    Join Date: 2007
    Post Count: 272

    duckster,
                     You can add on – I just put out $3200 for termite removal and treatment. Yet to see if any structure damage.
    One townhouse in my block was burned down by a tenant – so we all had to put out $1500 to pay for repairs – 4 years of court cases to first chase insurance company, then end up suing the property agent, etc…

    You will not find all these things listed in books with regards to running expenses.
    ps yes I had yearly inspections and the tenant that burnt down the townhouse had no money.

    Profile photo of JBJJBJ
    Member
    @jbj
    Join Date: 2009
    Post Count: 8

    We now have a satellite dish on the roof !

    We drove past our property and noted a satellite dish and cable going up the side of the house.

    So the tenant had it installed without our consent and I guess at least we got something from him for nothing.

    We have also found out that  since he moved in a couple of months ago he has been really busy.

    He went OS, bought lots of things and got satellite TV installed.

    That's why he couldn't pay his rent  of course  he was too busy spending his money

    Profile photo of kum yin laukum yin lau
    Member
    @kum-yin-lau
    Join Date: 2006
    Post Count: 342

    Hi, even more cheerful today cos it's been all good news. The cheapie stocks went up by double digits again.

    House rented, good tenant. Shops rented, good rents.

    To be fair, in my 1st 5 years of landlording, I never had a single default or late payment, across 4 properties in 5 years, only 3 weeks vacant for 1 property & that paid for by the tenant who left. I think it's because of the manager but he upped and away to Victoria.

    Also, those properties were in a solid upper middle class suburb where the neighbours not to have front fencing so that they could help with the security!

    So, we take the good with the bad. For me, FY09 hasn't been so flash but 10 seems to be stabilising.

    Good luck, everyone,
    KY

    Profile photo of JBJJBJ
    Member
    @jbj
    Join Date: 2009
    Post Count: 8

    Hello KY
    Thats good

    Profile photo of JBJJBJ
    Member
    @jbj
    Join Date: 2009
    Post Count: 8

    Hello
    Just found out we could have gotten our house back last week !

    We were told the police have to enforce the warrant of possession on the 20th .

    The tenant handed the keys back last week and vacated

    We now find out cause he handed back the keys last week and vacated the police wont go out tomm and the agent can handle the handover.

    I told the police last week the tenant had left but they insisted we couldnt get the house back till the 20th

    As I said what landlord rights????

    Profile photo of ErikTyler80ErikTyler80
    Member
    @eriktyler80
    Join Date: 2009
    Post Count: 10

    Trust me, it happens to everyone – I own multiple investments, as well as my own real estate agency (which they are all managed through).

    I'm currently dealing with 3 horrid tenants (in 3 separate properties) – they were highly vetted, fantastic tenants on paper, but once they move in they can, sometimes, turn into a nightmare.

    As with all things, the highs should outweigh the lows (in the long term).

    Picture 10 years time, when you've achieved a 70% (minimum) growth, whilst having your tenants pay the lions share of your mortgage payments – makes it all worthwhile then!

    Erik Tyler – Managing Director, LIVEin Real Estate, http://www.livein.net.au

    Profile photo of JBJJBJ
    Member
    @jbj
    Join Date: 2009
    Post Count: 8

    Well we finally got our property back.

    We asked the agent why didn't you tell the police last week the tenant had left and handed back the keys.

    Her answer.

      I have been too busy with other inspections

    Enough said we will  change property managers !

    I think tenants really believe the property is theirs to do what ever they want.

    I am now starting to believe there is  a lot less tenants out there now due to first home owners etc buying instead of renting

    So there are less good tenants out there and possibly more bad tenants.

    When the agent told our bad tenant he had to pay for loss rent he said to "take it out of the bond" Couldn't care less he hasn't paid us for weeks

    He has been listed on TICA but he could very well tell the next landlord or agent he has been living with a friend and they dont check

    Sure wish there was a data base I could personally put his name on

    Next time we will ask a PM give us an applicants  references and we will check them out.

    No doubt we wont be able to due to the tenants rights

    Doing some research on Landlords insurance that can be a problem also.

    Its up to the insurance company to decided  what is malicious damage as opposed to accidental

    I know the capital gains are good its just the hassles for the years that follow

    I'd love to keep the property vacant for the next 7 years and just get the capital gains and use it as a holiday house !!!!!

    No tenants, no Property Managers, no real  estate agents.   The rights of tenants are going to increase in future and the rights of landlords will be less and less

    JBJ

    Profile photo of thecrestthecrest
    Participant
    @thecrest
    Join Date: 2004
    Post Count: 992

    Hi JBJ
    Suggestions only, make your own decisions.
    Don't despair entirely.
    You've gained some priceless benefits from this experience.
    REA has breached the agreement so you are entitled to move to another one immediately.
    You now know the 3 most important tasks for a PM are tenant selection, tenant selection tenant selection.
    TICA is excellent and you can request your next PM give you printouts of searches on that database.
     Don't use a PM who doesn't use TICA.
    Insist on immediate ruthless action by PMs on arrears.
    Insist on max inspections and photos and reports.
    Ease off a tad on model tenants if you find any.
    Ask prospective PM for written statement of expertise and how defaults are handled.
    Insist on being in the tenant selection process. 
    Only expect tenants to be as good as your property.
    Don't accommodate the unemployed.
    Ask the PM to sneek a peek inside the applicant's car when showing the property, it's an indication of how your property will look in a few months.
    Good luck
    Cheers
    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
    http://www.statewidemotelbrokers.com.au
    Email Me | Phone Me

    selling motels in NSW

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