Can someone please direct me to the rules of processes a PM is meant to follow when a tenant leaves - so I can read up. Tenant gave notice and leases ended on 27/4. Handed a set of keys in and according to PM signed something that formally ended the tenancy. 28/4 Inspection report done. A number of things not done and noted. A truck is also left in the backyard. PM advises the tenant of what they haven't done (although not formally or in writing) and gives the tenant until the 30/4 to complete. Nothing is done. PM contacted again and we are told she'll follow up on Monday (because they don't work weekends) The tenant has told the PM she still has a key and that she will use that to go back to the property and collect her stuff, clean, remove the truck etc. (PM thinks we should be happy that the tenant was honest and said they still had a key) I understand that tenants are given an opportunity to rectify issues after a tenancy ends. What I am not clear about is this tenant is still in possession of a key (which she told the PM she has and will use to collect her stuff) and being able to access the property for almost another week since the tenancy officially ended. What are the rules and what is the proper process that the PM should have followed? What should be the process at this point? The main concern I have is with the tenant still being able to access the property.
There's not enough information to tell. The PM might have done the wrong thing or what they're doing so far might be the best thing to do in the circumstances. I don't get why asking for a one-size-fits-all process here helps you at all. If it was so simple, it would be an automated procedure and landlords wouldn't need a property manager on the ground.
Many ways to end a lease but if one of those was a Form 13 Notice of Intention to Leave and the Tenant has ended the tenancy, Lessor/Agent acknowledges that, does exit inspection, processes bond claim etc, and informs Tenant if they return to the property after the fact they are tresspassing and Police will be called/report made and/or locks will be changed at the Tenants cost/Compensation claimed for such via QCAT/Insurer if they do/have not returned all the keys. Lessor/Agent has an obligation to minimise :"Tenants Loss" during a break lease scenario so should endeavour to have the propery leaseable and leased in as shorter time as practical.
When the tenancy ended (27/4) keys should have been returned. Agent should have given tenant something in writing giving a certain number of days to rectify issues and saying keys could be collected from them. I wouldn't be ok with former tenant still holding on to keys indefinitely (and if no date has been specified it's indefinite). Tell the agent you want him/her to collect keys first thing Monday morning. Tell agent that you are losing money while they're faffing around with things that should have been done during the tenancy, not after it. An ambit claim could be made telling agent to charge tenant rent while issues remain unrectified and that you want this money taken from bond.
Like Michael said, there isn't a one size fits all approach here. Every Property Manager will have a different opinion. Why are you worried about her accessing the house? She lived there, and by all accounts bears no ill will to you or the agents all of a sudden. I mean, how do you know she didn't make copies of the keys anyway? Agents are required to be 'reasonable' with tenants when it comes to allowing access for rectification... a grey area. If the tenant has been fantastic and you don't have a specific urgency to have things rectified (i.e. no one's moving in the next day), then I can't see why there would be a problem leaving the tenant with a key while they sort things out. The agent definitely needs to get her to hurry along, but it's usually better to cooperate with them rather than force costs and then try to claim at tribunal (expensive, usually out of pocket for you, time consuming, etc). P.S. Don't change your locks every tenancy, what a waste of money.
