Kangaroo Court strikes again

[crashy]

We went to tribunal today. We had 3 folders filled with paperwork and the tenant had nothing, and butchered his verbal opening statement, getting dates wrong and not knowing the date of the alleged entry.
The tenants claims were dismissed however the Adjudicator stated that the tenant should not have to pay for the days of the lease that he was not allowed to move in because he had not paid rent. The Adjudicator acknowledged that the tenant was in breach, reminded them of the contract they signed, but also declared that we were in breach because we denied access. I asked the Adjudicator to clarify because if I had given them the keys I would have been in breach of the act, and what incentive would tenants have (precedent) from this point to pay the first lot of rent. His response: "they would be in breach".
He said he needs to check the act but the verbal ruling is no damages for the alleged illegal entry / harassment / stress, and lease period to be monthly, with the date adjusted to when they actually moved in.

So once again the tenant commits the breach and the landlord is the one out of pocket.

Tenant requested termination and we agreed. Tenant tried to claim for breaking electricity contract, moving costs etc and these were dismissed.

[Keys]

On what you have presented in your post, I agree with the adjudicator.

[crashy]

Really?
So you are OK with a tenant signing a lease then delaying moving and paying for several months?
I guess we can apply this thinking across all contract law. Don't feel like honoring a contract? No worries! Take your time, don't worry about silly things like dates and payments Do whatever you feel like!

[Learning]

Really?
So you are OK with a tenant signing a lease then delaying moving and paying for several months?

Absolutely not. But then you deny him access to the property he's contractually allowed access to. .

Adjudicator stated that the tenant should not have to pay for the days of the lease that he was not allowed to move in

It's the adjudicator's job to enforce penalty for breach of tenancy law, not yours. Seems like this adjudicator felt that the two wrongs cancelled each other out.

You're lucky he didn't slap you with exemplary damages.

[Keys]

Really?
So you are OK with a tenant signing a lease then delaying moving and paying for several months?

Really hypocritical post there crashy. As Learning has said. You did not honor your contractual agreement by with holding access to the property. That started your downfall with the court.

As an aside, you need to learn that you do not sign a tenancy agreement without all monies paid. Just a learning curve for you I'm sure.

Keys

[Sharon]

An add on to Keys comment, winz will often ask for a signed tenancy agreement before paying a clients move in costs. If they change mind (winz) a messy & time consuming process arises. We now send a proposal /invite summary of all expenses conditional on full payment. Winz occasionally refuse this process so we walk but 95% time works ok.