Tenants Given notice,lease not renew but can only move in once they find a new place?

[catcha]

Hi All,

I’m in a situation where I have found something better which and I’m ready to move in.

They have advised me that the current tenants contract ends on march 12 and have been advised them it will not be renewed. So I can move in. They have been advised since Jan from what I was told.

PM has advised me that it may take them longer than March 12 for them to move out as they have not found something suitable. Maybe April 10?

I’ve pretty much given notice to my current PM to vacate and they have advertised my current place for rent. Plus I got carpet cleaners all booked as well.

What do people do in this situation? What can the PM for the other property do to speed things up?

 

[Jamie M]

Hi Catcha

I'm not sure how things work in WA but in the ACT, if sufficient notice has been given (which is determined by the reason for terminating the lease and the type of lease fixed/ongoing), and the tenant hasn't vacated then you lodge it with the tribunal.

Sounds like your PM needs to be more proactive - they might be just avoiding the more difficult option.

Cheers

Jamie

 

[Perp]

If the PM has issued all the appropriate notices to vacate, the tenant's lack of alternative accommodation isn't your problem, and the PM should be vigorous in ensuring the tenants are aware of their obligation to vacate.

When did they serve the notice? Have the tenants objected to that notice, or notified in writing that they don't intend to leave? If not, the day after the date on the notice, they're there illegally.

Your PM needs to be pro-active, and understand that whilst you sympathise that the tenants don't have anywhere to go, YOU don't have anywhere to go, either, and you're the one to whom they owe a duty.

 

[catcha]

If the PM has issued all the appropriate notices to vacate, the tenant's lack of alternative accommodation isn't your problem, and the PM should be vigorous in ensuring the tenants are aware of their obligation to vacate.

When did they serve the notice? Have the tenants objected to that notice, or notified in writing that they don't intend to leave? If not, the day after the date on the notice, they're there illegally.

Your PM needs to be pro-active, and understand that whilst you sympathise that the tenants don't have anywhere to go, YOU don't have anywhere to go, either, and you're the one to whom they owe a duty.

notice was served ages ago with sufficient time. I think in WA you can't kick tennants out unless they find something suitable even if they have been given notice.
And taken them to the tribunal will give them more time up to the current date, which leaves me in a sticky situation. I was advise they PM might raise the rent to an eg there paying 400 jack it up to 550 to get them to move along. Unsure if this is legal or not.

 

[porp_e]

notice was served ages ago with sufficient time. I think in WA you can't kick tennants out unless they find something suitable even if they have been given notice.
And taken them to the tribunal will give them more time up to the current date, which leaves me in a sticky situation. I was advise they PM might raise the rent to an eg there paying 400 jack it up to 550 to get them to move along. Unsure if this is legal or not.

Hi catcha, were your tenants on a fixed term or periodic lease?
In WA if your tenants are on a fixed term lease then the tenants are obligated to move out on THE DAY the fixed term lease expires the only way they can stay in the property is if you (the landlord) agree in writing that they can continue to stay in the premises periodically or the tenants sign a new fixed term lease.

For periodic tenancies you (the owner) need to give the tenants 60 days notice to vacate using a Form 1C Notice to Vacate.

If your tenants however were on a fixed term lease and you want them to move out before their fixed term expires then they have the right to stay until they find other accommodation, you can not make them move out unless they are breaching the tenancy (eg not paying rent, damaging the property etc)

Sounds form your posts however that the lease is or has expired. In that case the tenants should have moved out on the last day of thioer fixed term lease (no notice needed by owner).

Hope that helps.

 

[catcha]

Hi catcha, were your tenants on a fixed term or periodic lease?
In WA if your tenants are on a fixed term lease then the tenants are obligated to move out on THE DAY the fixed term lease expires the only way they can stay in the property is if you (the landlord) agree in writing that they can continue to stay in the premises periodically or the tenants sign a new fixed term lease.

For periodic tenancies you (the owner) need to give the tenants 60 days notice to vacate using a Form 1C Notice to Vacate.

If your tenants however were on a fixed term lease and you want them to move out before their fixed term expires then they have the right to stay until they find other accommodation, you can not make them move out unless they are breaching the tenancy (eg not paying rent, damaging the property etc)

Sounds form your posts however that the lease is or has expired. In that case the tenants should have moved out on the last day of thioer fixed term lease (no notice needed by owner).

Hope that helps.

Fixed term was until march 12 plenty of notice was given I know the LL but there going through an agent, so i'm dealing with the agent. I just think he is too soft. Oh well only so much I can do from my end.

Thanks for all the advice everyone

 

[porp_e]

No worries your tenants need to be out on march 12 then since thats when the lease expires. Get on to your PM to make sure they are clear, after all they work for you not the tenant :-/

Hope it all works out for you

 

[Perp]

No worries your tenants need to be out on march 12 then since thats when the lease expires. Get on to your PM to make sure they are clear, after all they work for you not the tenant :-/

Such good advice, it bears repeating!

 

[Dazz]

In WA if your tenants are on a fixed term lease then the tenants are obligated to move out on THE DAY the fixed term lease expires the only way they can stay in the property is if you (the landlord) agree in writing that they can continue to stay in the premises periodically or the tenants sign a new fixed term lease.

Hi porp_e,


Good contribution, and certainly true if we assume that all is well with the Tenant mentally and morally....and certainly true if the sitting Tenants know and respect the Tenancy laws.


If however, they tell you all to get stuffed, and they ain't moving at all until someone skulldrags them out of the place kicking and screaming....or worse still, don't tell you anything, then of course we immediately move from the lawful realm of what "should have happened" to the unlawful realm of "what usually happens".


This is where the Lease, the RTA, lawyers, notices, tribunals, adjudicating members, bits of paper being served and all the other stuff which reside solely in the lawful realm all fail the Landlord miserably.


The act of legally and forcibly doing something to an adult against their wishes in Australia that they vehemently oppose is jolly difficult to accomplish.


I firmly believe it is nigh on impossible to fight unlawful actions with lawful actions. Once someone has "dug their heels in" for a drawn out fight, the person who chooses to stay and play in the lawful realm often ends up worse off. This is where 3 or even 6 months of nonsense paperwork and applications can be circumvented with 5 minutes of attention - speaking the same language as what the recalcitrant party who refuses all lawful means of communication. I'll leave the interpretation of "attention" up to you.

 

[Perp]

The act of legally and forcibly doing something to an adult against their wishes in Australia that they vehemently oppose is jolly difficult to accomplish.

Absolutely.

I think porp_e and I got the impression that the PM seemed to think the tenants had a right to stay.

What I'm suggesting is that catcha needs to make it clear to the PM, who in turn should make it crystal clear to the tenants, that staying after 12th March would be illegal, and that the landlord will be pursuing every available legal remedy because it would be a major inconvenience for the landlord.

But yes, if the tenant chooses to act illegally and doesn't care about the admittedly pitiful remedies available to the landlord, catcha's in for a difficult road ahead, for sure.