Ending tenancy for repairs

Hi all,
What is the best way to end the lease to accommodate planned repairs in an IP?

4 bed townhouse (VIC) needs some repairs including removing old carpets and re flooring, fixing some structural issue which has been delayed during COVID, painting the whole house, electricity compliance issue, tree roots in the drains etc.
Have been spending a lot of repairs for the last 2 years and some of are temporary solutions.
The tenants stayed nearly 2 years and pays on time but property is negatively geared due to lowering the rent during the Pandemic.
PM services also an issue and there are frequent staff changes.
Ideally,I want to empty the property, temporarily move there and do repairs and then either sell after July OR to rent again.
However, PM wants to me to sign a stat Dec stating that I will move to the property but will not put back on rental market for a 6 months.
Is this a standard practice?
My other option is to sign a contract with a RE agent but not sure about it as market is slowing now.
Many thanks

 

I wouldn't be calling signing a stat dec as 'standard', terminate the lease as per the appropriate notice requrements (end of lease or as per hold over conditions).

 

How else are you planning on terminating the tenancy?

 

It's legal in Victoria to end a tenancy due to renovation, is it not?

 

The PM is likely trying to gather the evidence required by the new tenancy laws.

Refer to the section overview here Notice to vacate in rental properties. Here’s what it says:

‘Reconstruction, repairs or renovations are planned and cannot go ahead unless the renter vacates. All necessary permits have been obtained. If you are giving a notice to vacate for this reason you must include evidence with the notice to vacate.

Both of the following:

• Photographic proof that repairs are required; and
• Contract with, or quotation from, a suitably qualified tradesperson for carrying out planned repairs, stating:

1. the nature of the repairs required,
2. the reasons why the premises need to be vacated by the renter in order to carry out the repairs, and
3. an estimate of the length of time it will take to complete the repairs.

Or the following:

• Building permit for repairs or renovation.’

You can also give notice if you are going to sell, but you need to provide proof in this case too by:

‘One of the following:

• Contract of sale, signed by the vendor and purchaser and dated; or
• Contract of engagement/authority to sell with a licensed estate agent; or
• Preparation of a contract of sale prepared by a conveyancer or an Australian legal practitioner.’ (From link above)

 

Thank you and it is helpful.

 

Sounds like the current PM doesn't want to lose the property.

After 2 years rental you shouldn't be under contract to the agency.

Is it currently under a lease with an expiry date ?
Just serve the req'd notice to vacate, don't sign some BS from The PM as they already have proof (the temporary repair works) of the pending major works (at best send the PM Your quotes for the said works).

Be patient

 

I definitely wouldn't be sighing and BS stat dec saying you won't rent it for 6 months. Worst case wait for lease to end, do not renew and do the work.

I'd also be changing PM too.