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Disgusted by Court Decision – Case Study 1

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Right here in Townsville

A recent court case has taken place where a tenant has been removed from a property by QCAT and the court system. The agent had followed all possible procedures to the extent of the law, yet the tenant got to a whopping 40 days in arrears before facing the courts and being held accountable to any rent!

 

Let’s take a step back 40+ days.

 

The tenant was good, but then he lost his job and was falling behind in rent. We assisted him with payments plans which he stuck to at first but then couldn’t meet these commitments. We also got him in touch with the Red Cross to see if they could help with the rent but he wasn’t eligible for their assistance. 

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We issued a notice to remedy breach and met the tenant at the property to discuss in person. He mad heaps of excuses about why he couldn’t pay but promised to pay the rent and remedy the breach. The breach was not remedied and then he stopped communicating with us. Notice to leave the was issued but then he tenant refused to vacate.

 

We had to go through a court procedure which is very time consuming and we have a warrant of possession. 

 

Costs were awarded to the owner for rent up to the date that the property had been surrendered however the owner was still out of pocket for THOUSANDS!!!

 

The owner had what he thought was Landlords Insurance, however he was bitterly disappointed when they informed him that he wasn’t covered for the balance of the costs.

 

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