Residential Tenancy

Guideline Information to complete Form 2

Form 2 should be used if a landlord seeks (a) vacant possession; and (b) compensation for arrears of rent, damage to property.

PART 1

· Deals solely with an application for ‘vacant possession’

· Can be completed without completing Part 2.

· The Court may make an order for vacant possession, but you may still need to come to Court on a later date to recover compensation for rent arrears, damage to premises etc.

PART 2

· Deals solely with compensation for arrears of rent, damage to the premises etc.

· Cannot be completed without completing Part 1.

· If you complete Part 2 claiming rent arrears, the amount claimed must be the same amount which is owed to you at the time the claim is filed.

A claim for rent arrears must separately state:

· The amount of unpaid rent that is owed to you at the time the claim is filed at the Court: and

· Any loss arising from unpaid occupation of the premises calculated from the date that Notice to Vacate takes effect until the date of vacant possession. Note: these losses are called mesne profits.

This is a sample pleading setting out the information required in Part 2 of the Claim Form for arrears of rent and mesne profits.

Summary of Claim

$........ (amount of claim + mesne profits)

Particulars of Claim

1. By a Residential Tenancy Agreement dated……, the claimant let to the defendant the premises at …......(address)

2 The Agreement was for a period of ………, and by which the defendant agreed to pay rent to the claimant of………(amount) per week/fortnight, payable in advance from the………(date)

3. The rent payable under the Agreement is in arrears as detailed below:

· ……….(set out the dates rent due and instalments paid)

4. The claimant has terminated the Agreement and personally served the defendant with a Notice to Vacate which took effect on the date specified in the Notice ……. (dated).

5. The defendant unlawfully remains in possession of the premises and the claimant has instituted concurrent proceedings pursuant to the Residential Tenancy Act for an order that the defendant deliver vacant possession of the premises to the claimant.

And the Claimant Claims

1. $........(amount) for arrears of rent to……..(date)

2. Mesne Profits at the rate of $..........(amount) per week/fortnight ($.........per day) from………(date specified in the Notice to Vacate) until vacant possession of the premises has been delivered to the claimant or his agent, or until judgment.

· If the defendant does not file a written Defence to Part 2 within 21 days from the date of service, the case may be finalised after 21 days if you file a Default Judgment (Form 21).

· The rent arrears component cannot be finalised by the Court immediately at the same time as vacant possession is granted.

· If the defendant does file a written Defence to Part 2 within 21 days from the date of service, the matter will be listed for mediation or trial on a date to be notified by the Court.

If you are unclear about any of the above information please contact:

Hobart: 6233 3623 Launceston: 6336 2605 Devonport: 6421 7886 Burnie: 6434 6322