What happens when tenants don't hand back posession

Hello
[VIC]
I needed to move in my house, so I told the agency to issue a notice to vacate. The tenants paid until today and advised the PM that they would be moving out on today. I called the PM to arrange final inspection and was told by the PM that the tenants hasn't yet given back the keys, therefore we cannot book anything until they do.

What's the procedure when the tenants moved but don't hand back the keys.

Thanks

 

What does your pm say?

 

My PM says too bad, we need to wait for the tenants to give the keys. I asked him to call them, he said he will try. I told him, I booked bills and tradies already. When I served notice to vacate I book the tradies too but changed it because the tenants decided to move out earlier and the agency didn't tell me. PM has no spare keys.

 

You own it and the tenant has vacated. Can you just call a locksmith?

 

I don't know if it's a good idea since the PM hasn't done final inspection and then if there's damages they could say anything.

 

If they haven't left anything behind in the house, I would call a locksmith and have the locks changed. Take the amount out of their bond

 

PM insists on waiting for the keys before inspection.

 

While we're on the keys subject, the tenants was sub leasing my house without my consent. They surely have made unauthorized copies of the keys. What's my rights in asking they change the locks at their expense?

 

Think about how much a delay will cost you if you have tradies lined up. Your pm doesnt sound like their working for you.

 

a simple trick from my Property Manager, but i am in NSW. but i am sure you have an something similar.

i call fair trading nsw, pretending to be a tenant, explain circumstances see what the owner can or cannot do.

then call again pretending to be PM, just use a local real agency name.

Fair traiding will tell you the what you can and cannot do straight from the regulators. so you know its Legit.

 

If they have paid for today, and are due to move today I would assume that gives them to 5pm (COB)?

 

I see,

I don't know why the PM won't book the inspection for tmr?

 

You don't have vacant possession, and you absolutely cannot just enter and change the locks- very large fines involved. The tenancy is continued despite expiry of the notice (god I hope there's a formal notice in place) and there isn't really a quick process for turfing them out in this situation.
If the tenant doesn't cooperate and return the keys in the next few days, your Property Manager can apply to tribunal for a warrant of possession due to failure to leave, but that takes a while.... You may just need to place your tradespeople on hold until you have secured vacant possession.

The best thing the PM can do right now is to work with them as much as possible to help them OUT. Find out why they haven't given keys back yet- Do they want to finish cleaning? Is it just a bit of furniture left? Have they been unable to secure other accommodation and are still living there? This will give you clues as to how long it might be, and if they're holding it up over minor things like cleaning- you might just tell them to give back keys and sort it out later.

@Lil Skater (Let me know if anything I've said differs from QLD to VIC please, or if anything needs to be elaborated on).

 

Thank you! I'll wait a bit and see the tenants are probably busy, because I've done a depreciation report and when the lady came they have moved already.

 

If the tenants have actually completely vacated and the only thing left is the keys, I would say its probably the case that vacant possession has been granted and the LL/PM should just get in there and get on with it, so to speak.

Its a bit of a misconception that key possession = property possession. Its just one of the big factors that goes towards it obviously, but not the only one.

 

Very very true. I've seen owners get their backsides handed to them on a plate by tribunal members who are told (by tenants during a hearing) that the owner has changed the locks while the tenant is still in possession... and the matter gets referred to Fair Trading with the prospect of the owner copping a $22,000 fine.

 

Nothing has been said to suggest that the property is empty though. It sounds like the tenants just haven't finished moving. We probably need clarification from @Tomodachi before further comment here.

Other situations where I understand we can consider we have vacant possession without having keys handed back would be;
- Tenants got in touch to say they lost keys, took them with them, locked them in the property, couldn't be arsed giving them back, etc, but otherwise advising that the house is vacant and they are handing back possession.
- Tenant stops making any contact, there is a lack of clarity around whether vacant possession was supposed to be handed over and house could be abandoned, so an abandonment termination notice is issued and followed through.

In a 'real life' situation, if a tenant makes every indication that they are vacating at a certain time and after that time stops responding without having handed back the keys, then you visit the property and it appears to be empty, you might skip the whole abandonment process and consider it vacated.... but that's not really the proper process.
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@wylie I'm surprised the Police were happy to come along with you, on what grounds were they attending? Your method was definitely the fastest way of dealing with it (wouldn't it be nice haha), but there were probably some more legitimate methods that might've only taken a week or so that could could have considered- as per above.

 

We went in with a quantity surveyor last week and the house was empty, the tenants said they moved out already. They are not responding now.

 

If the tenants are paid to and moved out, I would assume vacant possession. You have reasonable grounds, therefore can make an application for abandonment... the short and not technically correct way is just to declare it abandoned yourself and change the locks. Depends whether there's other damages and whatnot and whether you need to claim the bond too, some VCAT members like you do to the "proper" process and if you don't they can and will be more painful when trying to claim things.