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Taking Tenant to NCAT. Unpaid rent
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giggsy11
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14/07/2018 - 9:44 am
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Hi

Just hoping for some advice. Our building is undergoing some foundation work resulting in some noise which my tenant has complained about. I was negotiating with her through my agent to do a rent reduction but then she suddenly stopped paying rent and has refused to pay anything and stopped all communication. I think she wants me to break her lease so she doesn’t incur a break fee. My agent has since issued her with an eviction notice and we have an NCAT hearing booked on to recover the rent.

My question is whether I need to attend given that my agent has all the history and all the communication with the tenant. Would love to hear from other landlords who have any other advice as well.

 

Thanks

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VicRes
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16/07/2018 - 3:14 am
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Speak to your property manager if they even want you there.

These matters can get emotive and as an owner you may respond in a way that won’t support your case.

The PM handles these things all the time and will focus on the appropriate arguments and resolution.

I had one of these matters in VCAT many years ago and the PM advised me of the matter going to VCAT and noted I wasn’t required. I didn’t attend and the matter was appropriately resolved in my favour.

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17/07/2018 - 3:19 pm
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The Tenancy Hearing Form – which you are supposed to fill in before the hearing –  invites you to tick a box indicating whether you are a landlord, agent or tenant – so that pretty much indicates that the landlord’s presence is not required.

But check with your agent, to be on the safe side.

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giggsy11
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18/07/2018 - 11:03 am
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Thanks all for your responses.

In the end, the tenant was scared off by the tribunal and we’ve managed to secure the month of rent owing at full amount.

They have asked if they can vacate on the 2nd of August which is 3 weeks shy of the end of their lease so all in all a good outcome for all involved.

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18/07/2018 - 11:19 am
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Thanks for the update.

The message for all tenants in a similar situation is NOT to stop paying rent – that just puts you behind the eight-ball when you might be able to negotiate a reasonable outcome.

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