Seeking help with residential tenancy dispute with tenant. This is for Perth, Western Australia. I tried but to no

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Customer: Hello. Seeking help with residential tenancy dispute with tenant. This is for Perth, Western Australia.
JA: Have you talked to a Western Australia lawyer about this?
Customer: I tried but to no avail.
JA: What steps have you taken so far?
Customer: I sent four emails out today. Also, I reached out to the tenant in a few emails hoping to reach a mutually agreeable position. But to no avail.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have email correspondence between myself and the tenant. Tenant works in a real estate firm and is taking a stance of no negotiation.
Answered by John Melis in 18 mins 12 months ago
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John Melis
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John Melis, Expert

Hi! You’re speaking with John Melis, a solicitor in Australia.

As there is no negotiation happening you can take the matter into the small claims division of the Magistraets Court.

​You may lodge a claim in court.

The court’s website has a forms section to download the documents to commence the claim against that other party.

There are practice notes on the court’s website. There are various resources also, which you could utilise to aid you in completing the claim form.

Once you have submitted the claim form to the court, you must serve the other party with the documents.

You will receive email communications from the court, and you need to review these communications carefully, as they give you instructions on what to do next.

Does this help with your question today?

Customer
Hello John.
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John Melis, Expert

Hi. I kindly request that you please scroll up. I have posted a reply for you that explains your options if you cannot see the response, I kindly ask that you refresh your screen, and where it does not show, please let me know, and I will repost it for you. I am here to assist you when you need it.

Customer
Ok, I did scroll up. Perhaps I am not getting what I was looking for.
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John Melis, Expert

What are you looking for?

Customer
Not sure if you can help with my query. Below provides the landscape.
Customer
I have found myself in an unenviable position with my tenant, Jon, who had rented our house for the last two years. I have tried to negotiate with Jon but to no avail. As this is a residential tenancy issue, I do not think that pursuing this legal will be of any benefits to me. But the last email from Jon made me feel that if the last resort came to naught, then I may have exposed myself to serious legal implications. Hence I am reaching your office for advice at the recommendation of Gus Irdi.Please allow me to provide you with the landscape:· I sent a Notice of Termination in writing using a standard form on 21st October 2021.· I did indicate in an email when sending the above form that if the tenant would like to vacate earlier, it will not be a problem for us at all.· According to Jon, my email means he can vacate rightfully with one days' notice.· I would have thought that this notice would need to be adequate and mutually agreed upon.· My email to Jon dated 9th November 2021 explicitly made it clear that I have no intention of holding back his security bond nor do I wish to escalate this further.· Jon had taken a firm stance as seen in his email dated 10th November 2021 to not negotiate and will vacate on Sunday, 14th November 2021.· An email was sent out today re-emphasizing my expectation and thoughts that the date to vacate should be mutually agreed upon and not one sided.· In the same email dated 12th November 2021, I also mentioned to him of the outstanding water bill that he owed. He owed this since 2019 and despite promising to pay $50 weekly, he failed to keep up with the payment plan.· His response to my email demonstrated his stance of not wanting to negotiate and brought up how I flouted the regulations.· I sent him a last email seeking for his clear intention, and still with the hope that we can mutually find a common ground.I am now seeking legal advice on the following:· Is it true that I am unable to recover the water bill of between $50 - $1,000 that he promised to pay?· Is Jon not taking advantage of my lack of knowledge on the need to send the Water bill to him? He did not ask for any at all and hence is he not contributing to this issue?· Likewise for the bond monies.· He has been in there for two years and not once had an inspection been done.Also, for your info, my two daughters who helped to manage the property are aged 21 and 19. We are now therefore in this predicament that will see me lose more money.I know that this may be too trivial for your office to work on. But I would still like to know the ball park figure of your fee. This way I can weigh my options and see if it is worth protecting myself from the $10,000 fine that Jon mentioned in his last email to me.I need urgent advice and can be reached on WhatsApp on 94681303 or via email. I reside in Singapore. Thank you.
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John Melis, Expert

Are the tenants on a fixed term lease?

Customer
sir.
Customer
the Notice of Termination indicated 10 December 2021. This was sent out by email on 21 October 2021.
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John Melis, Expert

when does the lease expire?

Customer
Admittedly, I did stipulate in the email if they want to vacate earlier, they can.
Customer
But I was expecting adequate written notice.
Customer
Lease expires on 10 December 2021.
Customer
File attached (4MQV6P5)
Customer
I asked for written notification of 14 days. Was turned down. He is a real estate agent himself and said he can give one days' notice.
Customer
I asked for 7 - 10 days of written notice, he said no. Will only give 5 days. Email dated 9 November and moving out on 14 November.
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John Melis, Expert

When the lease expires, that is win a notice of eviction will become affective.
Customer
He owes water bill of between $500 - $1,000.
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John Melis, Expert

Once the fixed term lease has ended, issue a proper notice of addiction informant tenant if the invoice is not paid you will raise a claim in the magistrates Court
Customer
Even when I indicated in my email - not notice - that I have no issue if he wants to vacate earlier?
Customer
John, I only wanted an appropriate amount of notice period - 14 days.
Customer
I only wanted the water bills duly paid. he indicated in previous emails that he will pay by instalment but is behind.
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John Melis, Expert

You need to comply with the notice period in the legislation.
Customer
Thank you, ***** ***** is a real estate agent, He said my email dated 21 October is in his favour.
Customer
I thought despite my indication that he can vacate earlier than 10 December, I honestly thought it should still be a date mutually agreed by two parties.
Customer
Not one sided.
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John Melis, Expert

It does not matter if he’s a real estate agent, lawyer , doctor, you still need to comply with legislation.
Customer
Thank you sir.
Customer
Are you in Perth?
Customer
Jon, the tenant, is threatening to go to court. Something I do not want to do.
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John Melis, Expert

Just follow the residential tenancy act. And comply with the requirements and then you will be able to resolve this issue.
Customer
But if he does not want to pay for water bill and is adamant to vacate on 14 November 2021, can I engage your service?
Customer
Thank you, John.
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John Melis, Expert

Does this help with your question today?
Customer
sir.
Customer
Thank you.
Customer
How can I come back to you?
Customer
Paid service of course. If I need.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me. Let me know if you have any other questions.
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