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What landlord orders to select to evict a non-payment tenant?

Discussion in 'Legal Issues' started by htopg, 8th May, 2016.

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  1. htopg

    htopg Well-Known Member

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    Sydney
    Hi,

    I am helping my landlord friend to evict a (frequent) non-payment tenant.
    Besides non-payment for 3 weeks, the tenant also destroyed properties (broken windows, punched walls, piled of garbage in the garden), caused nuisances to neighbours, and allowed more people to stay.
    I told him to apply for court order based on frequent non-payment of rent, because all others require proof.
    I am helping him to apply for tribunal online.
    https://online.ncat.nsw.gov.au/Application/Orders.aspx

    What landlord orders should he get at least?
    * My friend has sent termination notice due to non-payment of rent on 8/4/2016 and it asked tenant to vacate on 22/4/2016 and tenant failed to vacate.

    I found that the following 3 are relevant, but I am not sure which ones are appropriate.

    1. Termination of residential tenancy agreements - Section 87 - A termination order where the tenant has breached the residential tenancy agreement for example non payment of rent. The termination date is xx/xx/xx.

    2. Termination of residential tenancy agreements - Section 95 - An order for possession where the residential tenancy agreement has terminated and an occupant has not vacated

    3. Termination of residential tenancy agreements - Section 187(1)(i) - A termination order or an order for the possession of premises

    Thanks in advance.
     
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  2. thatbum

    thatbum Well-Known Member

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    Probably 1 and 3. Its not like you need to be super formal and precise about the orders sought in this situation though.
     
  3. htopg

    htopg Well-Known Member

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    Can #1 and #3 be applied at the same time?

    In the following article, it says that
    A termination order ends the tenancy and specifies the day by which you must give vacant possession.
    Factsheet 10: Landlord ends agreement - Tenants NSW
     
  4. thatbum

    thatbum Well-Known Member

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    If you want. I doubt it makes any difference. They're pretty much the same thing.
     
  5. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Best advice you could give your friend is use a solicitor for advice.
    They do it faster, better and with experience.

    You get a eviction wrong and it gets worse.