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| Finally a good win at Tribunal -BUT 1 reply 2 voices |
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Kylie Hogan
on Jan 27, 2012 10:17am
Property Manager Ray White Narrabri Narrabri NSW |
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I had a sweet victory at tribunal recently. The tenant moved out of a property where I had to get the yard cleaned up, the property cleaned, and the 10month old carpet stank of human urine. I had the carpet cleaner go in and treat further, no success. The tenant did not want to be contacted, and only contacted us when we threatened tribunal action (sound familiar guys??) Of course they used everything they possibly could to get out of the near $4000 bill after they moved. Anyways, luckily the Member saw through it and awarded me costs of cleaning and the yard and $2100 for the carpet. (YAY) I had a letter from the carpet cleaner that said that the carpet stank badly and needed to be completely replaced. This letter was gold, and I am putting this in just in case someone else has a similar situation. The tenant walked out of the hearing when the Member was making his ruling, crying saying she had done nothing wrong. He had asked her what could she afford a week to pay and she said she had no money. (They just bought a house… bank would love to know that!!!) The tenant agreed to prove she had paid for pest control. All she sent me was a photo of a cheque butt. I thought this was all done and dusted, but the tenant has now also demanded that she is given the old carpet when it is replaced and that she is not giving us a cent until she has it. I will have to go to the sherriff with the money order to get an enforcement order. Has anyone ever come accross a situation where the tennat is demanding the carpet? I think she can go get knotted. She is also demanding to know the date that the carpets are going to be replaced. I do not think that this is any of her business. The situation is, if she does not pay all costs straight away… as she said she will not… are we in any sort of position to take the tenant to CTTT again to force her to pay the difference in Market rent for the property to us until all the money has been paid? The property has been rented out $30 cheaper per week than originally advertised for as we could not get anyone to go in there. Any thoughts? Kylie |
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Rachael Jenkins
on Jan 27, 2012 10:41am
Rent Roll Analyst/Consultancy/PM Independant Contractor The Property Management Doctor Tamworth NSW |
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I often find that a Tribunal win in this situation is sort of bitter/sweet. The Member may have ruled in your favor, but if they don’t have the money, or if they are just difficult – getting the money can be a different matter. In relation to getting & keeping the carpet, or knowing when the carpet was being replaced, I agree – none of her business. But, if you give her a date of the day after, she wont be around to harass the carpet layers, and they can leave the old carpet on the front lawn for her collection. If she does not pick it up within 24 hours, dump it at her expense. I believe a CTTT order has a date that funds are to be paid by - if she does not abide by this, then yes, take her back to the CTTT and thats when you should make the claim regarding the loss of investors income. It sounds like the cheaper rent is a result of how she cared for & left the property. |
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