Breach of lease delivery

[Michael Kelly]

Hi Everyone

I'm managing my own IP and the tenant did not pay last fortnights rent, I've tried calling and left a message but no reply so I'm going to issue a breach of lease.

I also got an over due water bill about a month ago, called the tenant and they said they would pay it straight away but I just got a new letter today saying it's still over due and legal action would be taken if it's not paid is 7 days so I want to issue a breach for this as well.

What's the best way to issue these notices? If I deliver by hand can the tenant just say they never got it to drag the process out? Should I use a bailiff?

If they don't cooperate and pay the rent and water I want to get them out as quickly as possible so don't want to give they opportunity to drag out the process..

Thanks

Michael

 

[thatbum]

s85 of the Act covers the service methods of notices in WA. Delivering by hand is actually probably the best way, if you can be bothered.

That said, do you know what you need to do to best follow the eviction process?

 

[Michael Kelly]

Thanks, I did read about the methods of delivery on form and have also just been reading about the eviction process too...

the part I don't understand is the breach of lease form says "if the matter goes to court you will have to produce evidence of service" how do you prove you have served the notice?

If I deliver by hand can I try to get the tenant to sign a letter saying they have received the notice?

they've been avoiding my calls too so it's starting to look like they may be difficult to get out.. if they won't open the door so that I can give them the breach do I have to get a bailiff to deliver it?

Cheers

 

[thatbum]

Your sworn testimony that you served the document is evidence.

Its actually literally the best evidence in our legal system.

Not sure why you keep bringing up the bailiff - they aren't going to serve these notices.

 

[Michael Kelly]

Okay I'll just deliver it by hand then, that makes it much easier..

Thanks for your advice..

 

[elsLan]

Okay I'll just deliver it by hand then, that makes it much easier..

Thanks for your advice..

Deliver it by registered post. You get a slip with the time and date which is very important to prove service.
If the tenant isn't there you can't prove you delivered as you should get them to sign receipt.

 

[Peterw]

If you use Registered Post, the tenant may know that it is an official notice, and choose not to collect. Better to deliver my hand.

 

[elsLan]

Doesn't matter if they don't collect. It's legally recorded as sent.
All the landlord has to do is send it for a notice to be recognised as served.

My pm sends notices my registered mail, email and normal mail.
In order to prove service you must either have a signed statement by the tenant saying they have received the notice by hand and what date (this assists with breaches and applications for further remedy) or a registered post slip.

The tenant can lie and say they never got it if you don't get proof of service.
Technically you're not allowed to visit a property without prior agreement or written notice.

Like a rent increase notice- just because they don't collect the post doesn't mean it doesn't go ahead.

 

[jackson]

Hi Michael,

Refer to section 85 of the RTA referring to service of notice or document.

85. Service
(1) Any notice or document required or authorised to be given under this Act to any person may ?
(a) be given to that person personally; or
(b) be sent by post addressed to that person at any place pecified by the person as a place where the person?s mail may be directed or, if the person has not so specified, at the person?s last known place of residence, employment or business.
(2) If a letter is sent in accordance with subsection (1)(b) the giving of the notice or document so sent is deemed to be effected at the time when the letter would have been delivered in the ordinary course of post.