tenants stop paying rent

[stevethepainter]

We have tenants who have not put in thier AP for the rent[its always 3 days ahead of start of 2 weeks in advance]
They are not in arrears until Monday[1st day] but there has been some bad blood and we want to get the 10 day notice going as quick as possible.
They say to issue the 10 day notice right away upon arrears.
Can we issue the notice because rent is in arrears by 1 day[1st day]and then put please pay [it will be almost 2 weeks worth because of weekends] the back rent oweing by the date the 10 working days are up?
We are trying to negotiate but they are pretty stubborn,so I want to get things moving ,but also get it right.
Any input well appreciated

[Viking]

Ten day notice as soon as the payment is missed. Book a tenancy hearing at the same time if you think they are going to be difficult. Don't argue with them just do it.

[jhab]

Issue 10 days rent rear notice without delay and handle over them directly to save time. Just like Viking mentioned to apply for Hearing at the same time! If they are careless to miss the rent , they should call you to explain the reason at the same day ;if not, it shows they are careless for it!

[Property Man]

A ten day notice for rent arrears can only be issued if they are in arrears. So use the right type of ten day notices. If they are in arrears don't hesitate applying immediately to the Tribunal.

Regards
Aaron

[Keys]

A ten day notice for rent arrears can only be issued if they are in arrears. So use the right type of ten day notices. If they are in arrears don't hesitate applying immediately to the Tribunal.

Regards
Aaron

It may be just $20 but. If you hesitate until October 1st you'll get your application fee back should you win totally.

[TomW]

With tenancy tribunal hearing you can always cancel it if they end up paying up/sorting it out. Dont go to mediation!! Request a straight tenancy tribunal hearing.

[WGN ex-property manager]

Strictly peaking a 10 day notice for rent arrears can only be issued if they are actually in arrears.

Try talking to the tenants first. Either you can calm them down or they confirm they will not pay rent. Either way you know more than you do now.

[stevethepainter]

So if Ive got this straight,,10 day notice on the first day rent is in arrears[even by one morning]and then book tribunal hearing going past the mediation process[i didnt know you could skip the mediation process...?]and ofcourse the ole disposal order at the same time.

[Keys]

No point in a disposal order until they have vacated.

[SuperDad]

With tenancy tribunal hearing you can always cancel it if they end up paying up/sorting it out. Dont go to mediation!! Request a straight tenancy tribunal hearing.

In my experience if the case co-ordinatory thinks that the matter is something that can be settled at mediation then it will go to mediation first.

Case in point: I made a vacated rent arrears application recently. I knew that the tenant is a completely disagreeable tosser, and that nothing would be settled at mediation. I didn't ask in the application for it to go to Court as in my experience even if you say that you will agree to nothing short of repayment of arrears immediately and in full, they will still send this to mediation. Then the bleeding heart mediator will ask you if you are feeling angry when you make this very clear at the outset of the mediation.

On the above case, here is an email I got from a mediator last week regarding the application:

Have just had a conversation with XXXX re the above application. XXXX has advised me that he is prepared to authorize the release of the Bond to the Landlord (Flatfee) in settlement of the matter referred to on the application, should you accept this offer in full and final settlement of matters between the parties then I am able to draw up an appropriate Mediation document and arrange for the bond to be released forthwith. However if you wish also to pursue the residual balance of $308.57 then XXXXX advises he can only offer $2/week to satisfy the remaining debt-please advice me of the direction you wish to take.

My reply:

Could you please send this one through to court. We will not agree to anything short of repayment of arrears in full and immediately. XXXXX is taking the p!ss in my opinion.

Hopefully I don't have to waste any bloody time in mediation with this twit (the tenant that is).

Paul.

[SuperDad]

No poinn in a disposal order until they have vacated.

Indeed, I don't think that you will get a disposal order until the property is vacated and the tenancy has terminated. This is because there are not yet abandoned goods.

It is the same as applying for rent arrears before there are actually arrears.

[egan123]

The more I read on PT, the more I feel for LL's. I used to think you were all money grabbers, that opinion has absolutely changed. I can not believe the extent tennants will go to to get one over on you guy's. If someone doesn't pay, hound them till they do, all the way to the grave, just like IRD. The problem today is NON PAYING has become a profession. Professional Non Payers are everywhere. I see them all the time in the construction Industry. My sympathies go to you all.

[Keys]

Hopefully I don't have to waste any bloody time in mediation with this twit (the tenant that is).

Paul.

I would think you've had mediation. Via email.

[SuperDad]

I would think you've had mediation. Via email.

I would LOVE to do email via mediation.

Paul.

[Keys]

I would LOVE to do email via mediation.

Paul.

Ahem.

I would love to do mediation via email. (heh heh heh)