QLD Bad tenants; what to do before they leave

Discussion in 'Property Management' started by Samj, 17th Aug, 2021.

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  1. Samj

    Samj Well-Known Member

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    I have recently bought a property where a tenant is living there for 12 months. Previous owner had done internal painting, new carpets for rooms, new vinyl for living area, new fan, new AC and bathroom/kitchen renovation before they moved in. Entry condition indicates brand new items.

    After 12 months, it's hard to believe it had a full renovation, carpets have many stains and vinyl also looks pretty old and etc. Broken walls in couple of places and we can't even reach some areas inside the house because lots of storage are sitting there blocking the way. Previous owner has had lots of troubles with the tenant, he couldn't present the house properly as the tenants have been keeping it in terrible condition.

    My PM hasn't done any routine inspection yet. BDM visited the place during the purchase phase and she straightaway suggested to issue exit notice to the tenant. After that PM had a chat over the phone with them about tidy up the place if they want to stay. But PM said they are not prepared to change anything in terms of cleaning the storage and etc.

    After that we have issued 60 days notice to leave as they were on periodic lease. I doubt they will fix those issues before they leave. The bond probably won't be enough to fix those items (I have landload insurance).

    Still they have about 7 weeks before leaving. PM said they can give us 2 weeks notice and leave if they find a place. Also there is a chance they may not be able to find a place before 60 days.

    I am wondering if there is anything we can do through the PM? Any suggestions to take any actions in order to avoid losses? Thank you.
     
    Michael Mitchell likes this.
  2. wylie

    wylie Moderator Staff Member

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    It is a shame you didn't wait for vacant possession but that horse has bolted.

    Will your landlord insurance cover damage that is likely already done?
     
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  3. Samj

    Samj Well-Known Member

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    I bought it just before they completed 12 months lease and they had an arrangement to go periodic after that.

    Good question about the insurance... I got the insurance right after signing the contract before their 12 months lease ends. I am with Terrisheer, not sure..
     
  4. Alex AB

    Alex AB Well-Known Member

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    I am curios about this - what do you mean by "wait for vacant possession"? if we buy a property that is tenanted, but we want to replace the tenant / or do some renovation, what is the best way to go about it?
     
  5. wylie

    wylie Moderator Staff Member

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    If I was buying a tenanted property with a lease about to expire, and with tenants who are not ideal, I would have tried to organise a long enough settlement to allow the vendor time to issue notice to leave and settle with it empty.

    Getting them out becomes their problem and I wouldn't settle until tenants were gone.

    Of course, that depends on whether the vendors would sign that. In this market, I'd assume they would find another buyer who can settle earlier.
     
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  6. Samj

    Samj Well-Known Member

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    Makes sense, that didn't work for this property.

    It was complicated, somehow tenant and property agent were friends. The same agency sold it and they told me tenants are good and like to stay. Also once they told me owner doesn't want to extend the lease, so they arranged a periodic lease.

    Tenants didn't even tidy up the place for the inspection and it was full of people when we went for the inspection.

    Now my question is, what can the current PM do about it? I have got a new PM.
     
  7. The Y-man

    The Y-man Moderator Staff Member

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    Ask them.

    The Y-man
     
  8. The Y-man

    The Y-man Moderator Staff Member

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    At the end of the day, given the odd arrangement and potential issues, Any issues you may have should have been factored into your offer. I assume you got the place cheap? If not, indeed the "horse has bolted".... :(

    The Y-man
     
  9. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    So long as they're not in bad rent arrears you will be eligible to take out landlords insurance, then providing the previous Lessor/Agent did a half decent entry report with date and time stamped photos, and you schedule a routine inspection as soon as you can once settled, then issues breaches for things picked up during that inspection, when they vacate, if there are issues, you've covered enough bases for an insurance claim if the bond is exhausted.
     
    Last edited: 17th Aug, 2021
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  10. Stoffo

    Stoffo Well-Known Member

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    BIG HUGE Red flag !
    One could hope it was cheap......

    One thing I would do is have your current (new) PM give immediate notice of another property inspection, when there viewing have him reiterate that according to the entry report (and have a copy to hand the tenant) the place was renovated when they moved in and it's current state doesn't portray "fair & tear" and they may be financially liable for the repairs !

    Be prepared to go to tenancy tribunal.
    Make sure you tell your PM "not to release the bond, as you intend to contest it" (in writing/email today).

    Otherwise this is a textbook case why you don't want to buy a tenanted property :oops:
     
    craigc likes this.