NSW Access To tenant's initial tenacy application

[Anon245519]

Can I bypass NCAT and just go to the Local Court with a Statement of Claim against them?

 

[457Visafraud]

So the next issue is NCAT has written to me and told me that without their new address NCAT can cancel the hearing. Despite me providing their email,mobile, and workplace address to NCAT. Any ideas how I get their new address.

As I said previously this matter is between you and the fraudster agent.
You can allege that the agent and the tenant were known each other also the agent rented your property for his/her own profit.
You'll need to explain why you gave "someone" the authority to manage your property and why you didn't have the contract.
To summon anyone to the courts you must provide their address AND you must serve the application to them.

 

[Rod]

You may not need it. See if your lease provides for email notices.

@Tim can let you know if NSW allows electronic service.

 

[Tim W]

Service by email typically requires the consent of the respondent (NCAT Rule 13(2)(g)).
Traditional substitute service is also available (Rule 15).

I suggest that you start by summons on the agent to produce the records that they hold.

 

[Anon245519]

Can I bypass NCAT and just go to the Local Court with a Statement of Claim against them?

You may not need it. See if your lease provides for email notices.

@Tim can let you know if NSW allows electronic service.

Service by email typically requires the consent of the respondent (NCAT Rule 13(2)(g)).
Traditional substitute service is also available (Rule 15).

I suggest that you start by summons on the agent to produce the records that they hold.

Will a work address sufgice?

 

[Tim W]

Will a work address sufgice?

You can serve the principal at the place of business.
As to serving the tenants... no, not by, say, just leaving it their workplace.

 

[Rod]

Service by email typically requires the consent of the respondent (NCAT Rule 13(2)(g)).

I suggest that you start by summons on the agent to produce the records that they hold.

But read your lease first. Some (many?) leases in Vic provide for notices via email.

 

[Tim W]

Yeah, have look just in case. In particular, look in the Special Conditions bit.

There is a notice mechanism in the 223 of the Residential Tenancies Act.
However, it's really for stuff like

• a notice from a tenant to end the tenancy agreement
• a notice from a landlord to end the tenancy agreement
• a notice to increase rent
• a notice to access the property to carry out an inspection.

I am not however aware of that provision being applicable to serving an Originating Process.

 

[Rod]

I am not however aware of that provision being applicable to serving an Originating Process.

The RTA legislation in Vic allows it.

s.506 Subject to this section, a notice or other document to be served on or given to a person under this Act must be served or given— .... (da) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000 ;