notice of hearing from tenants

[van fam]

Hey, we have a problem that is giving us a headache.
We have an extra house on our farm and decided to give it a good clean up and rent it out - beginning of nightmare!!
The last tenants hounded us for the house, we explained we couldn't have dogs there as there is a dead calf collection directly across road, traffic hazard!!, the house is on rainwater so will only cope with 4 occupants(written on rental agreement) and tenants had to keep gutters clean etc.

Tenants moved in - with 5 occupants and one pregnant, had a dog.

We said they could keep dog(much begging) only because it was old and terminal- no more dogs, wrote allowed 'one dog only' on agreement.
Left tenancy agreement/bond lodgement form with them to sign.
It was never signed or returned.

We couldn't send bond to DBH as had no paperwork/signatures etc - asked for it in writing... Tenants were bad - entered private property, place was a mess, got another dog. We got sick of them and gave 90 days notice.

Tenants left 4 weeks later, no 3 weeks notice,locked keys inside, rent in arrears, house clean but damaged, section needed clean up, water tanks fouled with dead rats. We sent them a letter saying sorry, you owe rent/damages, there was no bond left- good riddance. We have now received a notice of TT hearing.

Tenants are claiming exemplary damages because we a/ didn't lodge bond with DBH, b/ discrimination suggesting we "evicted them because of dog", tenancy agreement says they can have"one dog only" and they are pretending we never discussed our no dog policy, c/ harassment because of the letter we wrote(after tenancy finished) which said good riddance.

I've lodged a counter claim for rent in arrears, damages, clean up,abandoned house, exceeding allowed number of occupants, entering private property(have evidence) - advice? what should we do, I have reciepts and copy of unsigned agreement

[Perry]

If you have reasonable amounts of documentary
evidence, even diary notes, text messages, etc.,
you should be OK. I say should, because TT Hearings
are like Kangaroo Courts and rough justice is often
the way things go.

The way you describe the events, it seems that
the tenants are simply 'trying it on.' Make sure you
have a good grasp of what's in the RTA. Have an
annotated copy with you at the Hearing. However,
do appreciate that the Adjudicator can ignore most
any RTA provision on a whim, so steel yourself for
potential disappointment.

You seem to have no other option but to go through
with this. Take a deep breath, take it slowly, be sure
to keep your feelings totally checked when tenants
tell bare-faced lies at the Hearing, then put the end
result down to experience and work diligently at get-
ting better tenants, next time.

Oh, don't forget that getting an award of damages
at the TT, against the tenants is one thing; getting
the money out of the ex-tenants is quite another.

Did you apply for your counter-claim filing costs?

Good luck.
.

[van fam]

thank you,
your right, deep breath... it isn't going to be much fun,
we have given up being LL after this and have put the rental thru a real estate property manager which we prob should have done in the first place,
cheers

[Perry]

Perhaps you are being too hard on yourself?
Maybe your major sin was a little naivety?
Maybe you just had an optimistic view of
human nature? No matter what the outcome
now, any lessons learned will be lost, because
you're no longer in a position to use them.

And - this may seem like adding insult to injury -
if you have a good few hours, look around these
forums, you'll find that Property Managers who
are part of/attached to Real Estate Agencies
are very poorly regarded and have - in general -
an appalling record.

If it's not too late, here's a few places to start . . .

http://www.propertytalk.com/forum/showthread.php?t=26412

http://wiki.propertytalk.com/index.p...operty_Manager

http://www.propertytalk.com/forum/showthread.php?t=9537

http://www.propertytalk.com/forum/showthread.php?t=27580

You may not be as far off the hook as you hope.

Again - good luck!
.

[Keys]

Did you apply for your counter-claim filing costs?

Interesting question. Why do you need to apply for the filing costs?

[Perry]

Is it not necessary to pay $20
when lodging a counter-claim?

And I thought one may need
to apply as part of the counter-
claim process, in case of good
fortune at the TT.
.

[Keys]

Yes Perry. It's necessary to pay $20.44

However, the RTA states here at 102 (4a): that if fully successful the TT must award the application fee. It says nothing in the RTA that the applicant must apply for it. Just in the DBH web site.

[van fam]

you are probably correct, yes you do have to pay $20, which tenant has to reimburse you if you win, my reason for a counter claim was not so much to claim for every penny, but hopefully to scare them off - and off set any fine we may be slammed with, although as you say our worst crime was naivety and being too trusting- they knowingly breached over and over.

[Perry]

Don't anticipate any sympathy from
a TT adjudicator on the basis of that
last comment of yours. Most of the
TT socialist adjudicators think tenants
are all angels and LLs are all greedy
scum. (And should know better.)

Yes, I'm very cynical. However, never
forget that it's tenant's bond money
which pays for all this; and also don't
forget that whoever pays the piper
calls the tune.
.

[Perry]

Yes Perry. It's necessary to pay $20.44

Ahhh, the 44 cent GST increase?

However, the RTA states here at 102 (4a): that if fully successful the TT must award the application fee. It says nothing in the RTA that the applicant must apply for it. Just in the DBH web site.

But TT Adjudicators are not bound to observe
the letter of the RTA law, are they?

The Tribunal shall . . . not be bound to give
effect to strict legal rights or obligations or
technicalities [of the RTA and/or the law in general].

I was recalling the thread in which you and
superdad were discussing the inclusion of
a clause about reclaiming TT appln fees in
a TA. If it's 'mandatory' (in the RTA) after
a win, (or any part thereof), why bother
putting it in the TA?
.

[van fam]

wow I'm really looking forward to it now!!

[Keys]

I was recalling the thread in which you and
superdad were discussing the inclusion of
a clause about reclaiming TT appln fees in
a TA. If it's 'mandatory' (in the RTA) after
a win, (or any part thereof), why bother
putting it in the TA?
.

That one was, I think, claiming costs for debt collection. That one needs to be in the TA.

[van fam]

Is there anyone who can give me some legal advice, I've never been to a hearing before, and am now feeling very nervous...

[Ivan McIntosh]

Even if you win, if you don't itemise the $20.44, they'll likely forget it. Make it as nice and easy as possible for your TT adjudicator.

Hopefully things will go well at the TT.....good that you had written to them about the tenancy agreement and bond...you kept a copy or can print a copy from the PC? Photos of damage? Any other correspondence with them during the term of the tenancy about dogs or number of people?

[van fam]

number of tenants allowed written on tenancy agreement, which is signed by us/not them - but they are using it as evidence(?) so we have a copy of it now. Yes have copies of all correspondence, unfortunately some of it was verbal... have some photos, all receipts, bank statements, rent summary etc these people are very angry/ emotional and have absolutely no regard of their own responsibilities as tenants and we are just hoping the TA will see that - we just have to stay calm and present our side of the story and hope for the best.