QLD Evicting the family and possibly defacto partner from a property

Discussion in 'Property Law Forum' started by Descartes, 11 March 2019.

  1. Descartes

    Descartes Member

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    Hi I've been contacted by an owner who is currently living overseas to resolve a civil dispute between himself and his tenants and I was wondering what the likelihood of receiving a termination notice and warrant of possession was given the circumstances.

    The owner left the country approximately 5 years ago and had a verbal agreement (periodic lease) with his previous defacto partner (two teenagers) to allow them to occupy the property providing they kept up with the mortgage payments. The tenants have not paid any rent since June 2018 and the owner had been liaising with the bank to give them time to try to catch up on the payments. The owner contacted me to begin eviction proceedings after the tenants had been nine months in arrears and the property was in default. I scheduled a meeting with the tenants and discussed the situation as well as possible payment plans. I was informed by the tenants that there was categorically no intention to repay the arrears. Furthermore, the tenants stated that they intended to continue to squat until formally evicted and in the event of an eviction there was a credible threat of arson made against the property (fuel cans were prepared).

    After this dicussion ended I issued form 11 to the tenants, and form 12 the following week. It has now almost been two weeks since the handover day and I intented to take this issue to magistrates court. I was wondering what the likely outcome for this issue might be and what evidence I should provide in my application.

    Thanks
     
  2. Rod

    Rod Well-Known Member
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    Hopefully you have pictures of the fuel cans and diarised the threats?

    A report should have also been made to the police.

    But after checking the insurance policy is current and covers malicious damage and fire.
     
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  3. Descartes

    Descartes Member

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    Hi Rod,

    I've taken photos of the fuel cans, and I'm going to attach an affidavit affirming that I witnessed the threat and took photos of the fuel cans.

    I checked with the owner and they've got cover under malicious damage and fire thankfully.

    Thanks for the reminder, I didn't contact the police yet as I wasn't sure if this was only a matter for the courts.

    I'll be sure to contact them and get a reference number ASAP.
     
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