WA Tenant offered Government Housing

Discussion in 'Property Management' started by Scaphella, 10th Jul, 2019.

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  1. Scaphella

    Scaphella Well-Known Member

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    Hi All,

    Our tenant has been offered a permanent government house however the lease agreement is not due to expire for another 5 months. This has come out of the blue, the wait list is obviously enormous so i am happy this opportunity has popped up for him. I would like to come to an agreement, what would one consider fair in this situation?

    Thanks
     
    Scaphella, 10th Jul, 2019
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  2. thatbum

    thatbum Well-Known Member

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    Maybe termination of the tenancy with 2 or 3 weeks notice? That lines up with some of the termination notice periods for social housing in other states.
     
    thatbum, 10th Jul, 2019
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  3. Marg4000

    Marg4000 Well-Known Member

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    As said, allow termination with 2-3 weeks notice.

    But on the condition that the place is kept clean and tidy, and opens and inspections are allowed with negotiated notice.
    Marg
     
    Marg4000, 10th Jul, 2019
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  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Not sure if WA has a similar clause to NSW where there is a break clause for a tenant offered public housing etc.

    Cl 41...."Note: Permitted reasons for early termination include destruction of residential premises, breach of the agreement by the landlord and an offer of social housing or a place in an aged care facility. Section 107 of the Residential Tenancies Act 2010 regulates the rights of the landlord and tenant under this clause."
     
    Scott No Mates, 10th Jul, 2019
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  5. See Change

    See Change Well-Known Member

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    I had a tenant who had a one year tenancy at a government "house " ....

    Cliff
     
    See Change, 10th Jul, 2019
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  6. Dave3214

    Dave3214 Well-Known Member

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    A 'Big' house? :p
     
    Dave3214, 10th Jul, 2019
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  7. MyPropertyPro

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

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    I believe it is only NSW and NT that have the social housing provisions to end the tenancy early. NSW it is 14 days notice, no other compensation payable. Probably a bit light on for the turnaround. Great that you are supportive of this, but I think 3 weeks at a minimum and even a contribution to re-letting isn't completely out of the question. Of course if you advertise asap and get someone in earlier then great.

    - Luke
     
    MyPropertyPro, 10th Jul, 2019
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  8. MRO

    MRO Well-Known Member

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    I think WA has the same provision.
     
    MRO, 11th Jul, 2019
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  9. Scaphella

    Scaphella Well-Known Member

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    I can’t see anything in the Western Australian residential tenancies act 1987. Think I’ll just treat it like a periodic lease with 30 days notice. No point being greedy when it’s someone on a pension who has been a great tenant.
     
    Scaphella, 11th Jul, 2019
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  10. MyPropertyPro

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

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    I couldn't find it in the Act or standard lease agreement, but more than happy to be corrected (not particularly familiar with WA).

    Great attitude and good reward for being a good tenant.

    - Luke
     
    MyPropertyPro, 11th Jul, 2019
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