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Can I make a small claim against a previous tenant to cover…

Customer Question
Hi, Can I make...

Hi, Can I make a small claim against a previous tenant to cover my insurance excess. Due to repairs completed after they moved out/

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Queensland

Lawyer's Assistant: Has anything been filed or reported?

The claim has been made and the insurance company is paying for the damages and loss of rent.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The excess has come out of the insurance payout.... can I claim that against the tenants

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/29/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,299
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Customer reply replied 7 months ago
Thanks
Solicitor: John Melis, Lawyer replied 7 months ago

this could be raised a civil claim at QCAT.

have you considered this option ?

what damages occurred to the property ?

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Customer reply replied 7 months ago
Carpets stained. Patio stencil crete damaged, electricity bill, water bill, outside walls marked, loss of rent when they claimed financial hardship and won the case, and moved out,
Rent was $300 a week, they were $900 in arrears when they left. Water bill is $206.50, Electricity $178. Carpets are $2200. Loss of rent before I had my ex partner move back in when her lease lapsed, $3600.I'm asking you if I do have a case, a winning case to go through QCAT
Customer reply replied 7 months ago
My excess on my landlord insurance is $2500.Can I claim this from the tenants?
Solicitor: John Melis, Lawyer replied 7 months ago

you can raise claim based on the facts you have said.

the points of claim needs to be drafted carefully though.

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 7 months ago
Can you give me the pointers I need in dot point form
Solicitor: John Melis, Lawyer replied 7 months ago

just as you have noted above, but they need to be carefully drafted with supporting evidence.

I am pleased to talk to you further in detail on the phone as it will be easier for you if you prefer ?

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Customer reply replied 7 months ago
Carefully drafted?
These two individuals who lived there are young rude self righteous people. I've been threated indirectly and directly, have been called names on several occasions.
The arrogance displayed towards this whole debacle is unbelievable.
How do I win without any major concerns
Solicitor: John Melis, Lawyer replied 7 months ago

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 7 months ago
I'm not in the position to talk at this point. I'm at work and it's very much frowned upon.
Solicitor: John Melis, Lawyer replied 7 months ago

you are welcome to accept the offer and can call me when you are free if you prefer ?

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Customer reply replied 7 months ago
You've gone quiet John
Solicitor: John Melis, Lawyer replied 7 months ago

do you want to talk on the phone or just keep chatting at the moment ?

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Customer reply replied 7 months ago
I an unable to talk via phone at this point.
Solicitor: John Melis, Lawyer replied 7 months ago

ok totally understand

you can call me when you are free if you like ?

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Customer reply replied 7 months ago
Can you please give me dot points on here on how I can win this case on here. Or send an outline via email.I'm onsite from 5.30am to 5.30pm every day
Solicitor: John Melis, Lawyer replied 7 months ago

Key points

[1] make a list what was wrong.

[2] the cost of repairs

[3] loss to you

put it in a chronological order and file the claim paying the prescribed fee

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Customer reply replied 7 months ago
That's no problem.
Is it as easy as that to win my claim? It's a $2500 excess and that's all.
Solicitor: John Melis, Lawyer replied 7 months ago

the key point is to make sure you draft points of claim is properly written and supported,

when you are free I can talk to on the phone to explain in more detail if you prefer ?

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Customer reply replied 7 months ago
What do you mean by properly written?
I certainly have the support............... The insurers paying out the cost of replacement is enough isn't it?
Customer reply replied 7 months ago
Is there any time constraints to make claim?I understand it will be a non urgent claim which will take some time to get to court, that's fine.
Solicitor: John Melis, Lawyer replied 7 months ago

the clarity of the document is important.

if the insurers are paying out the damage, then your claim will only be the excess .

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Customer reply replied 7 months ago
That was my initial question, That's all I want to claim.My question is, will I win?
Solicitor: John Melis, Lawyer replied 7 months ago

as long as the facts are good, then you have a positive chance with the claim

as with all proceedings, it is subject to the decision of the tribunal or court, but as I said your facts look good based on the posts made, subject to a detail discussion on the same.

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Customer reply replied 7 months ago
Can I have you credentials and Company name please John
Solicitor: John Melis, Lawyer replied 7 months ago

just answers system does not permit me to extend those details in the posts, but once the call is accepted I can then talk to you by telephone if you prefer.

My details are also displayed on my name if required.

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Customer reply replied 7 months ago
Are there time limits on my claim.
Solicitor: John Melis, Lawyer replied 7 months ago

debt claims need to be brought within 6 years.

though I recommend that you commence proceedings once you have the facts in order.

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Customer reply replied 7 months ago
can you give me details of the correct forms to fill out an submit ?
Solicitor: John Melis, Lawyer replied 7 months ago

this process I would need to speak with you by telephone first to explain in detail what needs to occur next.

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Customer reply replied 7 months ago
I'm not going to pay anything further John. Can you please assist me via this chat window
Solicitor: John Melis, Lawyer replied 7 months ago

when you need to commence proceedings in a tribunal or court and drafting is required for a points of claim or statement of claim, the lawyer needs to be engaged on a work agreement in accordance with the legal profession rules, which cannot occur inside this forum.

I can chat on your matter in this forum but cannot complete the forms for you, unless engaged outside of this forum

I hope you can understand the legal profession rules are strict.

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Customer reply replied 7 months ago
I do indeed, which is why I'm here asking for advice. I'm not asking you to fill anything out.I'm asking you for direction on where and what to fill out. I'm also asking if I have a case to win.If I can't win it under my own steam then I'll be wasting my time and that of a public system .I understand that a layer cannot be present during the time in front of the tribunal, which means it's their argument against mine.
I believe I do have all evidence required including emails from the tenants stating that I've got to take my chances against them.I have photos, I have invoices. I have the insurance claim.All I need is some correct advice on what documentation I have to fill out to win my case.
Solicitor: John Melis, Lawyer replied 7 months ago

you need to go to the QCAT website.

go onto the civil list section

download the initiating application, which is the application to start the proceedings.

complete the application with the facts that you have described in earlier posts.

whether you will succeed on this case will be subject to how well the claim is drafted, and the evidence you provide in support.

does this answer your question ?

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Customer reply replied 7 months ago
Thanks,Basically, I wanted to know if I had a legitimate claim.Have you heard of this type of claim before and of favourable outcomes?
Solicitor: John Melis, Lawyer replied 7 months ago

pursuing civil damages for the excess, which is a loss to you can occur, and such claims can be raised and have been raised in the past.

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