Join Australia's most dynamic and respected property investment community

Getting tenants to vacate by notice date

Discussion in 'Property Management' started by Frosty123, 16th Mar, 2016.

  1. Frosty123

    Frosty123 Well-Known Member

    Joined:
    12th Nov, 2015
    Posts:
    55
    Location:
    VIC
    Hi all,
    My PPOR was leased out to tenants some 2 years ago, and I've now decided to move back into the property.
    They were given the required 60 days notice, and are due to vacate in 3-4 weeks.
    After speaking to the property manager, I've been advised that they haven't found another rental property, and the property manager hasn't had any reference calls to date.
    What will happen if they still haven't found a property by the notice date? Can things get messy/expensive and complicated?
    I'm leasing a property myself, which I will need to give notice to vacate (28 days), and obviously want to make sure I have a home to move into!
     
  2. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,583
    Location:
    Adelaide, SA
    Varies a little per state, but you'll basically have to go to tribunal to get a vacant possession order.

    If tenant doesn't follow that, then you can call tribunal on the day of the possession order who'll send their Bailiff out to your place to physically remove them. Have a locksmith on standby to change the locks so they don't come back.

    Adelaide only has one bailiff. His name is Craig and he's like 5' , does great work.
     
  3. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    896
    Location:
    Perth, WA
    Yes, you will basically need to apply for termination orders at VCAT. That's the short version - it might help to start reading up about the forms and processes required. Your PM should be able to handle it though.
     
  4. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,347
    Location:
    4/136 The Parade Norwood, South Australia
    If forms were all served correctly and the appropriate time has been given then you apply for a tribunal hearing asking for vacant possession.

    Note that you cannot apply for an urgent hearing under these circumstances, I know sacat does not consider this as an urgent matter.

    Weight will be given on how the forms were served and if there is anything at all wrong with the notice given to the tenant, then they get to stay while you start the process all over again. So many people get it wrong right here, including some agents. It has to be water tight.

    The tenant will then be given a date to vacate - earliest is one week from tribunal date.

    If they do not vacate by that date then you can apply for a bailiff eviction - this part can be urgent and happens quickly.

    If your forms are correct and in order, then the waiting for the hearing will be the process that causes the delays. If your forms are out even by a day, or you served them the wrong way then the delay will be that the tenant was not even given notice to vacate.
     
  5. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,347
    Location:
    4/136 The Parade Norwood, South Australia
    what state is it in Frosty?
     
  6. No Probs

    No Probs Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    117
    Location:
    Perth
    @Xenia so in this situation, the landlord would be left homeless for atleast a week after the tribunal even though the tenant was given the required 60 days notice?
     
  7. Frosty123

    Frosty123 Well-Known Member

    Joined:
    12th Nov, 2015
    Posts:
    55
    Location:
    VIC
    Victoria.

    My main concern is ensuring I don't finish up my lease with nowhere to move to.
    Not sure how much time after the agreed termination date to allow for to ensure I'll have somewhere to move to.
     
  8. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,583
    Location:
    Adelaide, SA
    A week? It takes 5 weeks to get a hearing and the termination order might be anything up to 14 days.

    If the tribunal finds the notice to not be valid. E.g. only 59 days instead of 60 because they forgot to allow for postage time, they'll get you to to start the process over from scratch.

    As my colleague above says, everything needs to be water tight.
     
    No Probs likes this.
  9. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,347
    Location:
    4/136 The Parade Norwood, South Australia
    waiting for a tribunal hearing after the initial date of end of lease would be the biggest waiting period.

    I have tested this many times, have tried to plead sympathy - the landlord will be homeless if we do not get an order right now! I have had screaming matches with the tribunal members about how unfair the system is, the tenant has no lease, the landlord is waiting for his own home to be handed back and we are still waiting for time to pass and a bailiff order. I ended up getting thrown out, the tribunal adjourned for another day which only made things worse. I had a landlord want to take it to newspapers etc... nothing helps except playing that exact game of water tight paperwork, the right amount of time (for the circumstances) and homeless or not, getting in line for tribunal hearings.
     
    No Probs likes this.
  10. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,347
    Location:
    4/136 The Parade Norwood, South Australia
    allow about 3 months for the process to go through the system - at least.
     
  11. No Probs

    No Probs Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    117
    Location:
    Perth
    This shows why it's important to have competent property managers on your team I guess!
     
    Xenia likes this.
  12. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    896
    Location:
    Perth, WA
    Homeless is a strong word. Assuming the landlords are themselves leasing, presumably they could also stay on beyond their original vacate date and seek more time with the tribunal process.
     
  13. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,975
    Location:
    Sydney
    Its best to assume that they won't be vacating on time in these circumstances. Don't start organising the move until you know they are very likely to leave.
     
  14. Xenia

    Xenia Adelaide Property Manager Business Member

    Joined:
    21st Jun, 2015
    Posts:
    2,347
    Location:
    4/136 The Parade Norwood, South Australia
    There are a lot of circumstances why landlords want a property back.
    coming back from overseas / interstate work commitments
    sold the house they are living in and settles at lease expiry
    divorce and want the rental property for one of the partners
    Family members moving into property
    easy accommodation that is extended for a further 3 months does not exist for everyone.
    I've had landlords living in motels while waiting.
     
    No Probs likes this.
  15. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    896
    Location:
    Perth, WA
    Yeah I can get that.

    Unfortunately, I'm not too sympathetic about them having to wait a bit,and neither are the tribunals/courts in my experience. I think it just should be accepted as part and parcel of leasing out your property for residential accommodation.

    In legal terms, once you grant a tenancy, its no longer 'your' property - it's considered the tenant's for the period of the lease. And the practicalities and procedure to terminate a residential lease pretty much means that a lease termination date is going to be variable until you're standing inside your empty property with the keys in your hand.
     
    Terry_w likes this.
  16. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,583
    Location:
    Adelaide, SA
    Going through a great case at the moment, will be able to write more on Monday :)
     
    Pumpkin and Frosty123 like this.