WA Tenants not acting reasonably (in my opinion) in regard to home opens

Discussion in 'Property Management' started by Skinman, 16th Oct, 2018.

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

    Skinman Well-Known Member

    Joined:
    9th Jan, 2018
    Posts:
    609
    Location:
    Perth
    Hi All,

    I have a tenant moving out of a property in Perth at the start of November. They wanted a periodical lease but I wasn’t agreeable and offered a compromise of 6 months rather than 12 but they declined so I decided not to renew (there have been other issues as well). The property is already advertised for rent but the PM is having problems getting the tenant to give access for open homes. After they ignored all requests from the PM a “notice of entry” with proposed dates was sent. They have come back and said they aren’t available and have given 2 alternate times that are middle of the day and midweek.

    To allow two 15 minute slots mid week over a 21 day period isn’t acting reasonable in my opinion. Which is a requirement of the lease agreement they signed.

    Would like to hear your thoughts / advice of anything I or my PM can do to get more access or at least weekend access?

    Thanks in advance.
     
  2. Michael Mitchell

    Michael Mitchell Well-Known Member

    Joined:
    17th Sep, 2018
    Posts:
    1,378
    Location:
    Brisbane (Nundah)
    Don't ask, tell (use the law). Issue entry notice, rock up with keys, let yourself in, if they say no call Police as you are legally entitled to enter if the entry notice has been served correctly and also issue a breach notice if they don't comply. Continue the process until they're out (build up evidence of patterned behaviour etc) then make a claim through xCAT for compensation etc.
     
  3. Shogun

    Shogun Well-Known Member

    Joined:
    26th May, 2018
    Posts:
    2,856
    Location:
    Perth
    What are you going to do if you lease it to someone else and they don't move out on due date? It takes weeks to get people out.
    Or you annoy them and they go through the house with a ball peen hammer denting walls before leaving?
    What if they claim items were stolen during inspections?


    The law may give you the right to do it doesn't mean you should.
     
    mikey7 and thatbum like this.
  4. Michael Mitchell

    Michael Mitchell Well-Known Member

    Joined:
    17th Sep, 2018
    Posts:
    1,378
    Location:
    Brisbane (Nundah)
    Yes you should, we're not here to lose, Landlord came out about $8k ahead from the insurance payout and sold the property making a further $40k thereafter it was minorly fixed up suitable to flog off because they didn't want the headache anymore (lower socio-economic area, these sorts of things are just part n parcel of doing business in these demographics. Mark Rolton of Massland even jokes in his seminars you get a free reno every year just gotta know how to play the game re: bad tenants and landlords insurance etc., not for everyone..)

    upload_2018-10-16_20-48-43.png

    upload_2018-10-16_20-49-35.png

    upload_2018-10-16_20-52-11.png

    upload_2018-10-16_20-53-12.png

    upload_2018-10-16_20-54-14.png

    upload_2018-10-16_20-48-9.png
     
    Dean Collins and Skinman like this.
  5. Michael Mitchell

    Michael Mitchell Well-Known Member

    Joined:
    17th Sep, 2018
    Posts:
    1,378
    Location:
    Brisbane (Nundah)
    (^ the above example was a 23yo $191k 3/1/1 half of a duplex purchased in 2014 & sold in 2018 and rented for $365pw (4th tenancy) (talk about ringing the neck out of it), it was fine for the first 12 months until the tenants got into drugs, lost their jobs, etc, owner let it drag for about 3 months then pulled the pin which took another 3 months, they came out ahead and ok, no financial loss & actually gained a bit from it, just a bit of stress as you could imagine)
     
    Skinman likes this.
  6. Skinman

    Skinman Well-Known Member

    Joined:
    9th Jan, 2018
    Posts:
    609
    Location:
    Perth
    Thanks for replying.

    I don’t think there will be any issues with them moving out on the due date. I’m more worried about the increased vacancy as I can only really start having home opens once they are out the way things stand.

    If the damage the property I would expect the PM withhold it from the bond. At lease one upside the expensive entry and exit conditions reports that are required in WA is that it’s easy to prove any damage.
     
    Michael Mitchell likes this.
  7. Skinman

    Skinman Well-Known Member

    Joined:
    9th Jan, 2018
    Posts:
    609
    Location:
    Perth
    Thanks I’ve already ask the PM to push a bit harder and remind them they may need a reference in the future. If the PM can’t get it done I’m considering giving them notice on intent to enter myself.
     
    Michael Mitchell likes this.
  8. htopg

    htopg Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    434
    Location:
    Sydney
    Could you please tell me which insurance company is this?
    It looks like a generous insurance company.
     
    TMNT likes this.
  9. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    5,572
    Location:
    Melbourne
    You read my mind!
     
  10. Michael Mitchell

    Michael Mitchell Well-Known Member

    Joined:
    17th Sep, 2018
    Posts:
    1,378
    Location:
    Brisbane (Nundah)

Build Passive Income WITHOUT Dropping $15K On Buyers Agents Each Time! Helping People Achieve PASSIVE INCOME Using Our Unique Data-Driven System, So You Can Confidently Buy Top 5% Growth & Cashflow Property, Anywhere In Australia