NSW Terminating on expiry of fixed term - notice

Discussion in 'Property Management' started by filipe, 19th Dec, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
  1. filipe

    filipe Well-Known Member

    Joined:
    3rd Oct, 2016
    Posts:
    53
    Location:
    Sydney
    I need to vacate my IP at the end of the fixed term to do some renovation and then move in myself.

    It is rented through an agent in NSW.

    I know that we need to give 30 days notice to vacate, the expiry date is 9th Feb 2019. I am mindful that 30 days is not a lot of time, so was contemplating giving notice now (before Christmas) but I also don't want to wreck the tenant's Christmas by doing this.

    Would you give a bit extra notice or just the bare minimum under the legislation? I feel bad but it can't be helped...

    What is the best way for the agent to serve notice - I imagine posting it is not great because you have to add 4 or 7 working days to the notice period to take delivery into account - I assume they should physically deliver it to their letterbox + email a copy as evidence?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    14,109
    Location:
    Sydney or NSW or Australia
    NSW allows notice to be served by email (IIRC).

    Unless you have an ongoing relationship with the tenant, I wouldn't worry about their feelings and upsetting them over Christmas - I let one go at this time to vacate in early January last year.

    You can serve the 30 days notice anytime prior to expiry of the lease - the tenant is still on the hook until the lease expires (that is the agreement in the lease).

    Have the agent advise the tenant that the lease is not being renewed or extended past the expiry date. Then follow up with the notice to terminate on the end date of the lease (with the appropriate notice period or longer).
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    14,109
    Location:
    Sydney or NSW or Australia
  4. Lil Skater

    Lil Skater Well-Known Member Business Member

    Joined:
    18th Jun, 2015
    Posts:
    779
    Location:
    Melbourne
    Just ask your agent to pick up the phone and call them, I would give them more notice if you can - but I wouldn't worry too much about hurt feelings as long as the agent can call them and explain it's better than just receiving a letter/email.

    Not ideal timing, but it never is really. Just a risk you take when renting.
     
  5. jazzsidana

    jazzsidana Mortgage Brokers - Investment Savvy Business Member

    Joined:
    27th Jan, 2018
    Posts:
    401
    Location:
    Melbourne
    If you can give tenants some extra days without hurting your pocket or any other personal damage, it's a great and right thing to do..

    Been in same situation in past and preferred giving tenants bit of time. Didn't made much difference to me but someone enjoyed their Xmas ..

    "Karma" ..
     
  6. Islay

    Islay Well-Known Member

    Joined:
    28th Jul, 2018
    Posts:
    245
    Location:
    Newcastle
    I would tell them now. One of my adult children was given 30 days notice on a Friday afternoon that included Easter and Anzac weekends a few years ago in Sydney. Absolute nightmare for them to find somewhere, pack and move in that time. Extra notice would have made it a lot easier
     
  7. Bonz

    Bonz Well-Known Member

    Joined:
    23rd Oct, 2015
    Posts:
    143
    Location:
    Fremantle
    The lease would deal with the notice provisions. As for the tenant, why wld they think they can stay longer than the agreed fixed term. Early notice is good notice.
     
  8. New Town

    New Town Well-Known Member

    Joined:
    8th Sep, 2015
    Posts:
    395
    Location:
    QLD & NSW
    I don't think I could give them this news just before Christmas. Wait till after?
     
  9. Mavis

    Mavis Well-Known Member

    Joined:
    25th May, 2016
    Posts:
    94
    Location:
    VIC
    we gave our tenants notice not too long ago .. lease ends about the same period as yours. Figured the more time they have the better, especially when there isn't much they can do over this period (most RE offices close this week) and many REs may not re-open till the 7th of Jan. Makes it hard for them to look for another property.. but you should have a chat with your RE agent..