NSW Unpaid arrears - end of agreement

A tenant has given us 3 weeks notice to vacate but he is 6 weeks behind in rent and by the time he leaves, we will be out of pocket 4 weeks rent after claiming the bond.

He's an ex-real estate agent himself and seems to be playing the system.

My agent has advised we ask him to bring the rent up to date by Monday else we send him a terminate notice on payment because he will be concerned about notice to vacate being on his record.

Question 1) can we send him notice to terminate after he has handed in notice to vacate? The date on notice to terminate will be after he has mentioned in his notice to vacate.

Question 2) Agent seems quite confident that she will claim the lost rent from landlord insurance? Is it the best path to take?

Cheers

 

Ask the PM. They are licensed to advise on operation of the relevant tenancy act.

Insurance depends if adequate efforts were taken to address the arrears and the insurer pays it. eg Was the policy taken out when arrears were already evident ? They may decline cover. There will be an excess if its paid.

 

The big 3 don't charge an excess on rent payments

 

Can I ask why he's only being threatened with termination on grounds of rent arrears now he's six weeks behind? It's a bit late?

 

Who are the Big3?

 

Yes you can. You continue to follow the normal procedure up until vacate. However I would steer well clear of doing what the agent suggested which is to threaten to send one if they don't pay. Just send it.

I wouldn't be confident of that at all. The PM has completely failed to mitigate the loss by waiting 6 weeks.

- Luke

 

Inexperienced agent who failed to inform us and I only realized when I checked monthly statements.

It appears that claiming rent arrears through insurance ia possible and will be the easiest course of action.

Thanks everyone!

 

I agreed with Luke, be careful with how the insurance claim is handled- they very well may decline some/all of the arrears because the agent has failed to mitigate your loss by serving the correct notices when they were due.

 

Sounds like the usual games, these type of people make it harder for the genuine tenant.....

 

Absolutely. One bad experience as an owner makes it very easy to tarnish all tenants with the same brush. It is part of the reason why it is so important to address these issues promptly when they occur. The longer it is left inevitably the worse it gets.

- Luke

 

lol....one....

I been renting in all sorts of markets for 30 years, will admit more of late, but this seems to be the normal mode of operation......

And before you pass it back to me, your own staff or people your partner claims too be partner with have been ok with this....and am not looking to debate this. Your clearly here to nett who you can.

Had one of the worst ever tenants in a very decent place where they were passed off too some other unlucky sod....internally.

This is what most of you PMs do, you actually seem too treat the tenant as a higher order of person, or, one who is more important than the sucker forking out for all the costs. At least you could admit your business goals over ride most other concerns.

None of you will level with us, as not really in your interest to do so, your corrupted by your very postion and legislation. Why would any PM black ban a large portion of your income pool ?

The way things are...90 + % would do right thing, but the legislation makes you all err toward the tenant, who is often gaming it, but you guys would rather the LL wear it than go into batt for those paying the bills.

How dare you assume my mind is made up from one poor experience and try and turn in back to honest LLs. LLs, be very careful who manages your affairs, the trend is to pass as much to you as you will wear, and on forums there is some who will milk it for all it is worth.....always compare all others. Do it fairly, but understand the states authority will see things clearly.