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Tenant violated terms in lease - when can we start looking for a new tenant?

Discussion in 'Property Management' started by supercat, 10th Dec, 2015.

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  1. supercat

    supercat Member

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    We own a rental apartment in Sydney. The building management has just found that our tenant is sub-letting without our knowledge. The number of people living in the unit is also over the limit allowed by the by-law. The tenant agrees to move, but not before they find another place. They did not indicate when they would be able to do that though. Could we start looking for a new tenant or do we have to wait until the current tenant find another place?
     
  2. wylie

    wylie Moderator Staff Member

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    Find out if you can issue a notice to leave. I'm sure someone will jump in with the rules that apply for this situation. Tenant cannot just decide when it suits him to leave if he has breached the lease.
     
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  3. Marg4000

    Marg4000 Well-Known Member

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    You will have to do it legally. Get your PM to start eviction procedures immediately.
    Marg
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    AFAIK there are no limits set on the number of people who can occupy a dwelling under NSW building regulations. The lease may stipulate the number of occupants.

    They must have been pretty bad to have violated the residential tenancy agreement and not just breached it.
     
  5. Xenia

    Xenia Adelaide Property Manager Business Member

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    You can't start looking for tenants as you have no new lease start date.
    Also, the current lease needs to be formally truncated by tribunal order or mutual agreement (with a firm negotiated end date) before you begin marketing for new tenants.

    Otherwise you are advertising a lease when there is a lease already in place.
     
  6. Xenia

    Xenia Adelaide Property Manager Business Member

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    I agree - always be the one who is in control, not the tenant.
     
  7. Lil Skater

    Lil Skater Well-Known Member Business Member

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    I'm not based in Sydney, so don't know the laws. But usually you will need to start with a Notice to Vacate (Leave) and get them out.
    I wouldn't advertise for a new tenant until they're gone, as if you have to go to NCAT it will likely take a while.
     
  8. WattleIdo

    WattleIdo renovating Premium Member

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    The PMs would k n ow best of course. My understanding is that the Executive Committee is able to issue the paperwork.
    But then that doesn't make sense. I guess their role is to keep pressuring you to do it. I'd see PM manager of agency and get the ball rolling.
    I had neighbours like that for a few years and they were extremely arrogant and self-righteous and got worse and worse. The landlord(s) did nothing.