Tenant has vacated. Never received notice to vacate.

Discussion in 'Property Management' started by Wizzbef, 8th May, 2019.

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  1. Lil Skater

    Lil Skater Well-Known Member

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    Notice doesn't need to be given via mail, just in writing

    Take your 14 days from the date you were first notified, the onus is on the tenant to validate that they actually sent the notice prior.

    VCAT usually won't award for your own time for cleaning the property
     
  2. Michael Mitchell

    Michael Mitchell Well-Known Member

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    Tax effective too. Unless you have your own business to put stuff through (invoice from to yourself, ha), seldom works out best to do work on your own IP unless it's for cashflow reasons or you love doing the work etc.
     
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  3. thatbum

    thatbum Well-Known Member

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    I'm confused. What are your heads of claim? What are your losses exactly?

    You did the cleaning yourself, which might make it hard to claim financial loss for cleaning. Has there been damage that the tenant has intentionally or negligently caused?

    And up to what point are you claiming lost rent until? Until you took possession back?

    I'm pretty concerned that you might have some issues with a claim at VCAT.
     
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  4. Wizzbef

    Wizzbef Member

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    Tenant notified us on 3/5 via text that she had sent us a 14 day notice to vacate on 14/4.
    Have never received such notice.
    Requested she meet to do Final Inspection on 5/5. Didn't show. That's fine. Took plenty of timestamped photos.
    We received keys via Registered Post 8/5
    She has paid up rent til 20/4.
    The house has been left filthy. Uninhabitable.
    So really I'm claiming a couple of weeks rent which ( is pretty much the whole bond due to rent increases over 15years) and cleaning of filth. Don't expect much else.
     
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  5. TMNT

    TMNT Well-Known Member

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    if you dont know the answer to this question, you shouldnt be self managing


    that being said 15 yrs with the same tenant whos paid on time is amazing, I dont think ive ever met a person whos had a 15 yr tenant, even if they leave $3k damage, id say you are well in front for averages, youve had no vacancies, no lease fees, no pms for 15 yrs,

    most landlords would dream to have a tenant like yours, a **** fest at the end is a small price to pay
     
    Last edited by a moderator: 11th May, 2019
  6. skater

    skater Well-Known Member

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    Sounds to me that she knew what she was doing. If you got the keys on 8/5 and she paid rent until 20/4, that is a little over two weeks of lost rent, which you will probably get back from the bond. She's left no forwarding address, so you can't chase her & if she's a long term tenant in her new place, there's not a lot of use putting her on a tenant's data base, because she's not going to be looking for another place for a long time. As for the issue with the dog, put it down to experience. Either get a PM or know what you are doing. Inspections every 6 months, regardless of them being long term.
     
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  7. MyPropertyPro

    MyPropertyPro REBAA Buyer's Agents Sutherland Shire & Surrounds Business Member

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    Out of curiosity, do you still have the Entry Condition Report? Proving the place is filthy at the end is fine as long as you can prove it was clean at the start.

    - Luke
     
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  8. Michael Mitchell

    Michael Mitchell Well-Known Member

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    At the very least, if the Tenant never returned a signed/dated entry report, the Lessor/Agent's copy is the only evidence and what the tribunal has to rule on :)
     
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  9. Michelle Evans

    Michelle Evans Well-Known Member

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    VCAT is quite likely going to award nothing if the tenant turns up at the hearing.

    All fixtures and fittings have been deprecated down to 0 value (10 years is the lifetime they give for basically everything), cleaning- if you did it yourself, no financial loss to award. I’ve had owners do this to only be awarded the exact cost of the cleaning products they purchased, and that’s because I made them bring the receipt. Members tend not to like owner created invoices., makes them cranky for some reason.

    The failure to give notice? Maybe, if you’re lucky (if she turns up, no)- most members say ‘well, you wanted them out, they’re out.

    Treat it as a learning experience and if you win anything- a bonus.

    Let us know how you go.
     
  10. Wizzbef

    Wizzbef Member

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    Yes, putting it all down to a learning experience.
    Indeed have been fortunate to have same tenant for 15 years.
    Certainly have the 15yo entry condition report.
    The only plus so far, is that the tenant has not as yet had the power and gas disconnected. Making best use of this while we clean up.
    Thanks everyone for your valuable input. This hasn't put me off but made me eager to learn more about property management.
    Will keep you posted on the outcome.
    Wizz
     
  11. Wizzbef

    Wizzbef Member

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    Just to update....
    VCAT hearing this morning. Tenant didn't show. Rent owing was taken up to the date I received the keys via registered post (not the 14 days from the date the tenant claimed to have sent the notice to vacate letter). I didn't claim the cleaning. Received the entire bond back. Thanks for your words of wisdom.
     
  12. Michelle Evans

    Michelle Evans Well-Known Member

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    Well done - lucky the tenant didn't turn up as then they would have had to have taken her words under oath as evidence! Win!
     
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