WA Lodging a Caveat on a Property?

[WIser]

Hi,

I have a tenant who was ordered by court order to pay monies due to defaulting on a tenancy and he has not done so. He has moved back into his own property, however this is now on the market.

I wish to lodge a caveat on his property so that I get my money (it's a super fund scenario that owns the rental property he defaulted on), however I am unsure what to put for the And Forbids the registration of any instrument affecting the estate or interest in...

Is there a better way to get my money back? I am worried that if he sells and moves he will then disappear and we will never get the funds back. I am in real estate and his is already on TICA

Thank you

 

[Rod]

To do it properly I think you'd need a court order after proving he hasn't paid and convert it into an order seeking recovery through the sale of his property. Then I think you can lodge a caveat.

Having a debt owed to you is not sufficient to justify a caveat.

 

[WIser]

Okay thank you

 

[Tripe]

To take a caveat out on a private property, you need to show the register of titles you have a financial or direct interest in the property.

In your situation you have zero financial or direct interest in your tenants property

A tradesman that has performed $20k of renovations on a property and hasn't been paid by the owner would be able to apply for a caveat, as he now has a financial interest in the property and he can use a caveat to recoup funds when the property sells.