Hi there. Hoping for some legal answers or direction.
The tenant has moved out of our rental property, breaking her 12 month lease. The tenant claims she has moved out on the basis of two things: First, she was issued with a 7 day eviction notice for not being up to date with her rent and second, the landlord/agent did not adhere to the conditions of the Tenancy Agreement that regular lawn mowing was included in the weekly rental charge, which the tenant claims did not occur.
The Real Estate Agent (the agent) believes that the 7 day eviction notice was no longer valid as the tenant paid up all owed monies plus more before the 7 days expired.
The tenant’s bond money was being held until new tenants were being found and the actual break lease costs could be accurately calculated.
Lawn mowing was conducted every month (a reasonable timeframe for lawn mowing through Summer). On one occurrence, the tenant turned the lawn mowing contractor away as it wasn’t convenient to the tenant saying that the tenant was hosting a “meeting” at the property.
The tenant took the agent to court seeking the release of her bond monies.
A Clerk and a Magistrate heard the case on Friday 9th May and ultimately ruled in favour of the tenant. The agent believes that her evidence was not heard by the Magistrate and that the Magistrate even quoted the incorrect sections of the Tenancy Act. However, the agent’s advice is to accept it and move on.
New tenants have been found and the house was vacant for 5.2 weeks which is a direct cost to us as landlords. The weekly rental amount was reduced by $30 per week in order to attract a new tenant quicker. It now appears our landlord insurance cannot go ahead with a valid claim as the bond money needs to be exhausted first.
Is there anything we can do to seek compensation for this? I have heard that if the case was heard in front of a Magistrate as a minor case (which I assume this was) then it cannot be appealed - Is that correct?
Thank you so much.
The tenant has moved out of our rental property, breaking her 12 month lease. The tenant claims she has moved out on the basis of two things: First, she was issued with a 7 day eviction notice for not being up to date with her rent and second, the landlord/agent did not adhere to the conditions of the Tenancy Agreement that regular lawn mowing was included in the weekly rental charge, which the tenant claims did not occur.
The Real Estate Agent (the agent) believes that the 7 day eviction notice was no longer valid as the tenant paid up all owed monies plus more before the 7 days expired.
The tenant’s bond money was being held until new tenants were being found and the actual break lease costs could be accurately calculated.
Lawn mowing was conducted every month (a reasonable timeframe for lawn mowing through Summer). On one occurrence, the tenant turned the lawn mowing contractor away as it wasn’t convenient to the tenant saying that the tenant was hosting a “meeting” at the property.
The tenant took the agent to court seeking the release of her bond monies.
A Clerk and a Magistrate heard the case on Friday 9th May and ultimately ruled in favour of the tenant. The agent believes that her evidence was not heard by the Magistrate and that the Magistrate even quoted the incorrect sections of the Tenancy Act. However, the agent’s advice is to accept it and move on.
New tenants have been found and the house was vacant for 5.2 weeks which is a direct cost to us as landlords. The weekly rental amount was reduced by $30 per week in order to attract a new tenant quicker. It now appears our landlord insurance cannot go ahead with a valid claim as the bond money needs to be exhausted first.
Is there anything we can do to seek compensation for this? I have heard that if the case was heard in front of a Magistrate as a minor case (which I assume this was) then it cannot be appealed - Is that correct?
Thank you so much.