Getting vacant posession back from tenant

Discussion in 'Property Management' started by Vassago, 22nd May, 2020.

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  1. Vassago

    Vassago Well-Known Member

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    Long story but have a bad tenant in a property, never made a rental payment on time and haven't paid rent now for over 2 months. Always promising to pay rent and hand back keys (once didn't even notify me he changed his mind so I rocked up on the agreed day to collect keys to find he wasn't at the premises and the people at the premises knew nothing about it). Court knocked back eviction order due to Covid ban in evictions (tenant is on centrelink and gets rental assistance, unaffected by Covid). Made application for the mandatory conciliation process but have been advised by DMIRS it would be weeks before it occurs (and then have to go back to court if not agreed at conciliation, more weeks).

    He is blaming difficulty in arranging removalists / truck on moving out. I have a large furniture trailer and am tempted to offer to help him move if he provides vacant possession. I will just drive a trailer load of his belongings to his designated address, he can load and unload (I don't want to get blame for any damage). If it gets him out of the premises and allows me to rent out the place again I would be happy. Should i offer?
     
  2. jaydee

    jaydee Well-Known Member

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    I would do anything to get the bad tenant out of the property including helping them move. Get them out, get the keys, claim the bond and possibly LL insurance and move on.

    Make sure the fridge, beds and TV are in the first trailer load and continue moving everything else into the garage if it doesn't fit in a single trailer load. Get the keys (or change the lock) so there is no possibility of them moving back in.
     
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  3. wylie

    wylie Moderator Staff Member

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    You could offer, but I'd bet he won't accept. He's getting free rent.

    At worst, you just have to wait for the conciliation. This really stinks.
     
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  4. Tom Rivera

    Tom Rivera Property Manager Business Member

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    I've done this on multiple occassions, offered direct and financial assistance to get people out. Although it might make you feel sick to think you're helping these *******s, it's often for your greater good.

    I agree with Wylie that this is probably just another excuse, but just like any good sales process- keep dealing with his objections until he has nothing left but to be honest and admit "I want to live here for free" (or, more likely, he'll just stop answering your contact).
     
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  5. MB18

    MB18 Well-Known Member

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    You may offer, but I suspect the day you arrive with the furniture trailer there will be another excuse.
    It doesn't sound as though the tenant has any intention of leaving so may have to brace yourself for the long game.

    I am surprised that centrelink payments for private rentals are not paid direct to a landlord (certainly where rent assist is involved).
    Unlike every other expense in life, rent is predictable and does not vary from one payment to another.
     
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  6. Tom Rivera

    Tom Rivera Property Manager Business Member

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    Of all contract expenses, we also have the most ridiculously complicated enforcement options for payments and collections. You're better off defaulting on rent than your phone bill...
     
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  7. Vassago

    Vassago Well-Known Member

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    Update

    I offered, he didn't accept. Supposedly he has sorted a truck and will be out this week. Heard it a few times already, will believe it if it happens.
     
  8. Vassago

    Vassago Well-Known Member

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    Update

    He changed his mind and he accepted the offer. He handed over the keys and signed over the bond, I drove a big furniture trailer of his belongings 400km up the road (800km return, 10hr trip). Big day of driving, $$ in fuel but atleast got the keys back.

    Place was freshly painted, new carpets and new shower screens before he moved in. Carpets stained, walls have marks and one shower screen door missing. He also left behind a couch, table and other rubbish I need to get rid of. Cleaners going through on Friday, fingers crossed walls and carpets come good.

    Trying to see if I can claim on insurance under denial of access (up to 52 weeks of cover) vs normal 6 weeks. No word from insurance company as of yet as to the definition of "lawful order for eviction or possession" given the court would not issue such an order under Covid-19.
     
  9. TMNT

    TMNT Well-Known Member

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    damn!!!! I admire your patience
     
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  10. Antoni0

    Antoni0 Well-Known Member

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    Sorry to hear, at least you can move on with your life now.
     
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