tenant "abandoned" the house

Hi members,

I do not know what to do in this situation, and my property manager isn't helping.

My tenant had not paid rent for many months, and they simply won't respond to my property manager's calls, emails, letters, etc. VCAT granted us termination & possession orders, and stated for tenant to vacate by 13-June.

Last week, my mother who lives nearby my rental, had driven past the property and found the house vacated. The entrance door was left ajar, and the gate to backyard left wide open. She stopped the car, stood outside the fence, and took a closer look. From where she was, she could tell that the house looked empty -- no sign of furniture or residents, except trash thrown all over the frontyard.

Even as owners, we had no right to enter the house. Yet.

My mother started driving past the house a few times everyday to check. I work overseas, thus she is helping me. From what she observed, the tenants seemed to have abandoned the house.

I emailed my property manager stating my concern about the "abandoned" house and the lack of response from tenants. My PM insisted that since we already had the possession order, she would wait till 13-June before she purchase a Warrant to legally "evict" the tenants and take possession.

I knew it hadn't been easy dealing with this terrible tenant, and I had paid her $1000 for her "consultation services" and attending the vcat hearing.

However, she simply refused to drive over to take a look and report the house "abandoned", which means the door and gate would be left open for another one+ month.

How should I proceed from here ? Please advise..

 

There is no starker illustration of renting properties then the above, have you been incontact with who you have landlord insurance with to find out if your still covered with the way the property is open for anyone just to walk in and start taking what's left..

 

Thanks Willair. It didn't cross my mind, but I'd check with my insurance on this.
The thought of leaving the property exposed is unnerving.

 

You might have a right to take possession now based on abandonment grounds. Would need more information and possibly legal advice.

 

I am quite sure your property manager would be allowed to issue a Notice to Inspect and give appropriate lead time and then even if no response be allowed to go to the house, inspect and secure.

 

Victoria Consumer Affairs advise access is allowed

• Renter has not met their obligations – having reasonable grounds to believe the renter has broken their legal obligations under the Residential Tenancies Act or their rental agreement (for example, the renter has damaged the property).

Securing the property is a legal obligation too

They are deadbeats. Secure the place. Change locks (get locksmith to attend) and have agent advise them repacement keys can be collected (yeah right).Take pics to confirm they vacated. Then proceed with abandonment.

 

I had a tenant abandon the place. They left me a bike, signed over the bond to me, (left paperwork on kitchen bench) and cleaned up quite well.

Not being aware of all the laws, i just went in, removed the bike got the bond and got another tenant in within 2 days ( i offered a professional clean prior to move in which was taken up).

I was irritated, but the transition wasn't too hard. They were overseas ppl, and had paid a truckload of rent in one instalment.

As i said, i didn;t know the laws, the transition was surprisingly good, and the new tenant was excellent.

Next time it happens i will be more careful to observe the rules and regs.

 

Thanks thatbum. My PM is not heeding my instruction to take possession. I am trying to engage the security guards company to take over, and to find out more info.

 

Thanks Westminster. My PM somehow refused to go over to inspect. She said she would wait till 13-June.

 

Thanks Paul. I have screenshot this to highlight to my PM. I bet she knows. but now I am telling her I know too.

 

Thanks Bogan. Your are luckier than me

 

I am actually learning something from your experience here. Your next tenant will be perfect!!

 

That's crazy, another 5 weeks with no rent. I would just go in there, change the locks and start tidying it up for the next tenant.

 

Then fire them for breaching their obligations to you and get a new PM that will.

 

A judgement usually has contact details if further action is required - it's worth contacting VCat to get an immediate PO and tell your PM to PO while you're at it.

 

Why would the police attend? Isn’t this a civil matter?

 

Not having a good run @AxeLy
Is this the 1/2 price rent- PM offloaded tenant ?

 

There won't be another tenant for this house. Converting it into my PPOR

 

Well that is the perfect tenant.

We rented out our PPOR and since just 12 months of tenant we still see the marks and scars of that tenancy. Didn't break stuff but left a lot of mess.

Probs never rent it out again.