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We have a dispute with our tenant who has not being paying…

We have a dispute...

We have a dispute with our tenant who has not being paying the rent for 4 months. The NCAT decided in our favour but now the tenant has sent a set aside application and would like to know how long it may take before the matter is resolved.

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

NSW

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

Yes, but we have not yet received a copy of this new application.

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

To us it is clear the tenant has not intention to pay. At conciliation he said he was going to pillow the payment plan set by the tribunal but stopped ager 2 weeks only. We filed another application and the tribunal gave an order to pay all the money we are owed plus leave the property by February 21, 2018. At that stage the tenant filed the set aside application but we have not seen it yet. I am worried that this can continue indefinitely. Our lease expire on April 7, 2018 and we would like to get a warrant for possession by then. Our real estate agent has already asked the tribunal for it but now everything is in limbo again because of this set aside application. We also cannot start an insurance claim until the tenant has left the premises.

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Answered in 5 minutes by:
3/12/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon,

I will assume that the application layer folders on appeal.

Generally they will take up to 4 months for a final hearing if it is found that I have grounds for the appeal.

how certain are you that they have filed them if you have not seen them?

Have you obtained a certified copy of the order for them to pay the money from NCAT so that you can enforce it?

Are they asking for the money order, to pay the rent, to be set aside, all the eviction order?

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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