Tenant not signing lease renewal

Discussion in 'Property Management' started by morgzzz, 23rd Sep, 2015.

Join Australia's most dynamic and respected property investment community
  1. 733

    733 Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    567
    Location:
    Brisbane
    One thought though...depends on the market as I find life not to be that 'black and white'- if very flat or oversupplied a handful of owners have instructdd us to give tenants additional time to re-sign and temporarily go on periodical as they cannot afford a protracted vacancy with positive outcomes therafter...as you stated, at all times , tight follow ups required with Notice to Leave if tenants choose to not re-sign a lease with correct notice timeframe ofcourse
     
  2. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    How do you know they are not ? Lot of PMs do not inform either party properly........

    For instance a long term renter may tell agent they want another place, agent does not inform owner straight away, all sorts of things can start from this and then if agent does not have another suitable place for the tenant at lease end ? And LL says I want them out....
     
    SeafordSunshine likes this.
  3. Coquette

    Coquette Well-Known Member

    Joined:
    8th Apr, 2017
    Posts:
    72
    Location:
    Australia
    Well i have no idea..am just caught is between then..i have not reply back to them though.. am doing my best searching for a reasonable short stay in the area as a last resort before getting into a battle and lose them as reference..but of course it is too hard
     
  4. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Not having a go at you, just giving a possibility.
     
  5. Coquette

    Coquette Well-Known Member

    Joined:
    8th Apr, 2017
    Posts:
    72
    Location:
    Australia
    Following my previous discussion with u guys..I received this email today from my PM..
    As you were aware, you needed to contact me by Monday 10th of April to advise if you were willing to accept your landlords lease offer. Time has now expired and you made no contact so we will assume you will be vacating on the 3rd of May 2017.
    Vacating documents will follow this email.

    It is a bit confusing to me that they are not aware of the law or am missing a point here.
     
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,319
    Location:
    Sydney
    DT predicted they may do this..His advice on the dates seemed good.
    Make sure your reply is in writing and addresses the date problem
     
    Anthony Brew, wylie and D.T. like this.
  7. noogie60

    noogie60 Well-Known Member

    Joined:
    8th Dec, 2016
    Posts:
    146
    Location:
    Sydney
    They either don't know the law on the notice period or are hoping that you don't know the law, probably the latter (to cover for their earlier stuff up of letting the lease go periodic).
    You should spell out crystal clear in writing that you do know the law, that you are now on a periodic lease and that you also know what the required notice that they have to give is and that you are willing to enforce it if need be at a tribunal hearing.
    You should make clear that their notice period is bogus and they can either do it the easy way - negotiate a period amicable to both parties or the hard way and it will have to go to tribunal.
    Make sure that as much or your correspondence is in writing as possible and keep diaries and notes of phone conversations with the agent about this (you may have to present it at a tribunal hearing)
     
    Nemo30, WattleIdo and wylie like this.
  8. Coquette

    Coquette Well-Known Member

    Joined:
    8th Apr, 2017
    Posts:
    72
    Location:
    Australia
    Thanks for your reply. I did not reply to them as they sent me a vacating notice on 11/4 .. if there is anything i learned from that horrible experience is not to deal with this agency anywhere. Am currenly seeking a short lease accomdation hopefully i will finalize that and move. The amount of stress they gave us is unspeakable.

    One of the strange things within their notice email is not to cut electricity except when we tell u and final inspection is done.. ! Seriously!
     
  9. Coquette

    Coquette Well-Known Member

    Joined:
    8th Apr, 2017
    Posts:
    72
    Location:
    Australia
    I noticed how they are trying to play me.
    As my lease expires May 3rd, they sent me the vacating notice on 11/4 asking me to vacate by MAY 7TH!!!! and they listed the property for lease today! Seriously i will never deal with them ever.
     
  10. Coquette

    Coquette Well-Known Member

    Joined:
    8th Apr, 2017
    Posts:
    72
    Location:
    Australia
    And of course next battle will be the bond which i takes in full during my whole tenancy history..with this agency i know it will be another episode of stress
     
  11. Anthony Brew

    Anthony Brew Well-Known Member

    Joined:
    18th Feb, 2017
    Posts:
    1,176
    Location:
    Australia
    Yeah the stress must be really awful.

    When the lease is nearing the end for my tenants in future, I will talk to my agent about asking the tenant if there is any issues with re-signing for them so that we we can find a way to satisfy the needs of both tenant and owner.

    Hope things improve for you soon.
     
  12. Coquette

    Coquette Well-Known Member

    Joined:
    8th Apr, 2017
    Posts:
    72
    Location:
    Australia
    Hopefully ..thank you so much
     
  13. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Any decent agent will be onto this anyway.
     
    wylie likes this.
  14. Anthony Brew

    Anthony Brew Well-Known Member

    Joined:
    18th Feb, 2017
    Posts:
    1,176
    Location:
    Australia
    I've learned to assume an agent does not fit that definition of "decent" until I have seen enough evidence to the contrary.
     
  15. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Yes, that is right, you must watch what they are doing at the start or when staff change.

    "manage the manager" we call it.

    Maybe decent is not the right work, there is probably a lot of decent people who are incompetent :)
     
  16. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    It can be, but it should not be if the place is returned in same type of condition as when given.
     
  17. Coquette

    Coquette Well-Known Member

    Joined:
    8th Apr, 2017
    Posts:
    72
    Location:
    Australia
    I can tell you the place will be returned better than how I actually took it.. it is just that i can expect anything from this agency.. i do not trust them
     
  18. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Yep, you say....... tom mate oh ...... they say ......... tom mart toe
     
  19. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,934
    Location:
    Brisbane
    You could lodge the request for your bond before they do. Then they have to prove you don't deserve it back in full. (At least in Qld you can lodge with just your signature.)
     
  20. D.T.

    D.T. Specialist Property Manager Business Member

    Joined:
    3rd Jun, 2015
    Posts:
    9,189
    Location:
    Adelaide and Gold Coast
    SA you don't need a signature as it's all online. Tenants can add their email address to the bond details (if its not already) then use that to enter the self service portal.

    They can propose a bond return amount, which then gets sent to the agent to approve or decline. Best not to do that while tenancy is still in play though.