Tenant in arrears

Discussion in 'Property Management' started by Tinaandalex, 24th Mar, 2017.

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  1. Tinaandalex

    Tinaandalex Well-Known Member

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    Thanks Lil Skater. Could you please elaborate on how the tenant can feel that the notice was served incorrectly? Was it the mode of delivery or was it because of the 'no specified reason' term?
     
  2. Lil Skater

    Lil Skater Well-Known Member

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    I didn't say the notice was served incorrectly. Provided it was on the correct form, giving the correct notice and served on the tenant by either registered post, regular post or given to a person residing at the property who appeared to be over the age of 16 - your notice would have been served correctly.

    The part that could be of a concern is the fact you have immediately issued a "no specified reason" NTV following a VCAT hearing for a matter. Issuing a notice immediately following a hearing for rental arrears can be seen as retaliatory.

    If the tenant doesn't apply to VCAT to have the notice reviewed, you probably won't have a problem. If they do, you will need to prove to a VCAT member that the notice was not served in retaliation to the VCAT hearing/history of rental arrears.

    I learnt this lesson in my first couple of months. I went to do a routine inspection, found drugs but didn't take photos (I was 18 and freaked out because I didn't know the tenant). I issued a notice to vacate immediately following the routine inspection for "no specified reason" as I could not serve the other notice for illegal use given I had no proof. The notice was thrown out.

    It's all very backwards and you should at any moment be able to remove a tenant if required with appropriate notice. It's just something to be cautious of depending on each individual situation and tenant you're dealing with. Some will just move along quietly, others will kick and scream until the end.
     
  3. D.T.

    D.T. Specialist Property Manager Business Member

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    I'm so glad we don't have this rule here!
     
  4. dabbler

    dabbler Well-Known Member

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    Would not reactionary be a better word and legit line of action ?
     
  5. Tinaandalex

    Tinaandalex Well-Known Member

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    Melbourne VIC
    Thanks Lil Skater. Hoping for a smooth and peaceful transaction here then.