New Lease..Tenants want to Vacate 3 weeks before Christmas

Discussion in 'Property Management' started by SeafordSunshine, 20th Feb, 2017.

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  1. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Thanks Arch,
    I like your suggestion ,
    I'm waiting for more facts to come to light before making a claim.
    I will need an outgoing inspection report first, the agents haven't given me that yet.
     
  2. Ted Varrick

    Ted Varrick Well-Known Member

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    Get the PM to give them a call and let them know that the price of the dishwasher will be deducted from their bond at full RRP (from the day it was released to the market)...
     
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  3. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Well folks,
    Its been 3 weeks since the tenants vacated, and surprisingly I have heard 'nought' from the agents regarding an outgoing inspection report, or other matters which I have raised with them.
    I am going to need this to take it further.
    Looks to me like an oversight on the agents part?
    Any thoughts?
     
  4. Ted Varrick

    Ted Varrick Well-Known Member

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    Complaint to Fair Trading.

    Forms
     
  5. KayTea

    KayTea Well-Known Member

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    While your PM clearly needs to be dealt with, I think the tenants should be charged with theft. This isn't just damage, it's actually taking something that isn't theirs.
     
  6. Luckycharm

    Luckycharm Well-Known Member

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    Agreed, @KayTea . Sounds like head-cracking time (the tenants heads of course).
     
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  7. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Thanks !
    especially for the forms.
     
  8. Big Will

    Big Will Well-Known Member

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    Karma acting again?
     
  9. D.T.

    D.T. Specialist Property Manager Business Member

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    Police won't assist with something like this, I've tried. Its a civil issue since part of a tenancy. Basically the same as why footballers don't get charged with assault during games... not police jurisdiction.

    Bond / insurance definitely options though.
     
  10. Big Will

    Big Will Well-Known Member

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    Sorry I didn't see this earlier, yes tenants looking at moving out before Xmas was not ideal but I think it could of been handled in a different way.

    You wrote that the fixed lease was until March 2017 and the tenants were wanting to move out towards end of year. I personally would of let them stay there and towards the end of year issue notice to vacate.

    Have empathy for your fellow human being and try and work out a reasonable fix as this to me wasn't reasonable. They did the right thing morally but legally didn't have to or shouldn't have but for you yes legally you also did the right thing but morally I think it was the wrong thing.
     
  11. KayTea

    KayTea Well-Known Member

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    Well, that's not really fair, is it. Theft is theft - the dishwasher belonged to the landlord, not the tenants, and they have no right to claim it.

    They could have sold it 'to a mate' (or on Gumtree etc) and made money from it; meanwhile, the landlord has to claim it through insurance, and pay the insurance excess (and will probably end up with a higher premium next year).

    Footballers not getting charged during a game is one thing - hurting someone, while doing their job can happen. Choosing to take a dishwasher, that they don't own, from a property can never really be part of the 'job' of a tenant (can it?..........)
     
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  12. Big Will

    Big Will Well-Known Member

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    Not a footballers 'job' to punch someone in the face and not the other footballers 'job' to receive a punch in the face but it is a risk they have.

    Same as the tenant and LL with the dishwasher not anyone's job but it is a risk.

    However the tenant did communicate early their plans and got burnt from the LL by getting evicted. Don't think it is the LL 'job' to evict a tenant early because it doesn't suit their plans.

    Like in sports when something is a wrong call the game usually works itself out. E.G a player gets called forward pass but it wasn't and then after the scrum the other team drops the ball one or two tackles in.

    Karma might of had something to do with the situation.
     
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  13. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Big Will, thanks for your thoughts, I spent a lot of time thinking about how I could manage the situation fairly and honestly.
    I did not think for an instant that it was Karma!
    Also 'helping yourself' to some one else's possessions has never been a moral act in my world.
    I am so glad we are not all the same!
    I hope this helps
     
    Last edited: 25th Apr, 2017
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  14. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Big Will
    Perhaps you didn't see the earlier post....
    'The tenants said they wanted to stay on till November 2018, and a lot of other things, which I believed.'....
    I hope this clarifies things for you a bit?
    Cheers
     
  15. Gockie

    Gockie Life is good ☺️ Premium Member

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    Imo.... 3 br terrace inner Sydney...

    1. I think you'd have no trouble renting it out as long as you have access to transport.

    2. It would be a perfect short term let.... you'd make an absolute killing over new years. I'd do that.
     
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  16. kierank

    kierank Well-Known Member

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    Yep, I would be taking the replacement cost (including any installation costs) out of their Bond. Make sure it is the same/similar brand/model.

    In that way, they paid for what they took and you aren't our-of-pocket.

    Teach them a lesson and make the *******s pay :).
     
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  17. Big Will

    Big Will Well-Known Member

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    I don't agree with helping yourself to someone's possessions (never said to either) and also don't agree with how the tenant handled the situation with taking your dishwasher but I do think your dishwasher would still be there if you didn't evict them for giving you a heads up.

    I just think that from your actions it caused the ex tenants action... again I don't condone it but every action has a reaction.
     
  18. Big Will

    Big Will Well-Known Member

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    They told you Nov 2018 and that was an inconvenience for you where you couldn't issue notice to vacate towards the end of next year?

    Tenants are not guaranteed to stay at any property but I would rather my tenants told me their plans so I can rest easier at night knowing they are there for 1,2,4,8, 20 years or even the rest of their lives.

    If a tenant told me they are going to vacate 20 Dec 2045 I wouldn't turn around and evicte them as it isn't an ideal time to find a tenant and given the amount of time I would likely allow them to leave at their given date and not issue a notice to get out by Nov 2045 and definitely not say get out now.

    You run your property and life how you like it but I think your actions influenced their actions of taking the dishwasher, which is the wrong thing they did but in their minds was getting back at you.

    To me it seems to have worked..
     
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  19. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Big Will,
    Now I really know I didn't make myself clear to you!

    The tenants asked me for me Nov 2018 and I agreed.
    'Along with a lot of other things'.
    Then they they moved the 'goalposts'

    P.S. the last time I met with the Dalai Lama, he mentioned the people shouldn't steal...
     
  20. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Hello Gockie Would 'love love love' to short term let! Tell me more!