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Hi
You need to ask your Strata Manager for advice as to whether you can get a judgement on someone who doesn’t reside in NSW. Also ask if he will front NCAT for the OC at his hourly rate. If he won’t or does not know the answer to your question get yourselves a new Strata Manager. To garnishee the owner you will need to know their bank and the account number. if you garnishee the total amount there might be a wad of money sitting there and you could get a good surprise. Nothing ventured nothing gained.
Hi Monty
the amount of damage was considerable and I was unsure I would be able to claim the total amount via a garnishee order so went to the insurance company for you may say insurance backup
I had a problem with a tenant who did considerable damage to my property. I was able to claim a large proportion of the damages from my insurance company and the residual (over $6,000) I claimed from the tenant at NCAT. The tribunal accepted the tenant was liable and issued an order to pay.
I then obtained a court order and and they issued a garnishee order against the tenants bank account and the bank paid me the money. The damage done was reasonably old carpets blinds etc but it’s the replacement cost that the Insurance Company and NCAT based the damages claim on.
I would defiinitely go to NCAT. What you need to ensure is that you have good documentation, well presented, nice pictures in an indexed file and the tenants forwarding address and bank details. Follow the NCAT advice from their web site.
Its a fair amount of work and the agent probably knows that, so is trying to talk you out of it. I presented my own case to NCAT. Good luck.
I couldn’t find the new regulation that restricts the AirBNB rentals to 180 days per year for Greater Sydney Region properties where the Host is not at the property. Also how are we meant to keep track of property that exceeds 180 days per year?
Excellent ideas and they all have merit. I love the additional 10% for the OC to compensate for damages, wear and tear etc. People are taking notice of what you say as proven by the effort the industry facilitators are putting up to reduce the impact of the new legislation
In relation to the register and who should administer. If you ask the local Council they will says its too hard and some may not have the computer systems that would allow for it. My thought is to use Services NSW. They have a systems very similar to what would be required for the STRA system. Their drivers licence and car registration systems.
A simple solution would be for Services NSW to create and manage two registers where by any Agent or Facilitator must be supplied, by the Host, the two unique Services NSW registered numbers before they can initiate a booking.
One number is the Hosts number, that similar to a drivers licence number. The second is the property number that is similar to a car registration number. In addition, the Services NSW file would also contain information on the property in question in that it complies with the required fire and bush fire regulations, that it has the mandatory insurances and the number of strikes against the Host, supplied by the Commissioner, again similar to the number of demerit points on your licence.
If the system was on line it could also work as the Centre that keeps track of each booking with the name of the Guest with their identification details. The cost for this service would be yearly fees paid by the Host, similar to a drivers licence fee (one for the Host) and a car registration fee (for each property being used for STRA). In all my dealings with Services NSW I have been impressed with the service and their web site and could see no problems with Services NSW handling these registrars.
If you think about it the STRA system would be similar to the system that administers licences and car registration in NSW so the logic when coding the new system would be very similar. You wouldn’t need to reinvent the wheel and the costs to the Host would be similar to licence and registration fees.
Hi all
Thanks for your thoughts and good information. Very helpful. To Scotlandx the original by-law was defeated on a very close count however an amended by-law, that was defeated on the first count, was subsequently passed, as having no by-law was worse that having the amended by-law. It turned out to be a win for common-sense and for the building.