Correct me on the exact process and timeline for NSW Rental Arrears?

[Banvard]

Ok, I have read through a bunch of other threads and the residential tenancy act but I want to make sure I understand it correctly. (I am somewhat new to this with 2 properties and not having faced these issues before). I want t a second opinion to what my PM has said.


As I understand it the tenant has to pay 2 weeks in advance.

Let's presume the payment for 2 weeks in advance was due on the 01/01/2014.

The tenant does not pay.

In 14 days (14/01) the PM can issue a non payment termination notice.

They have to give 14 days notice, so the tenant has until 28/01 to leave.

The PM can lodge a termination order at the same time, but the tribunal can't consider it till after the 28/01.


Please let me know if the above is incorrect.

I am then a little hazy as to the exact process and timeline from here. What are the next steps (and how long do they typically take) to actually remove the tenant if they won't leave?


One other question - if a tenant won't answer the PMs calls or letters, is the PM allowed to actually go and enter the property to see if they are still there?

Furthermore, am I as the landlord allowed to enter the property to see if they are still licing there or not? If they are but are out, am I allowed to wait till they return?

 

[EN710]

Welcome to world of paint for NSW landlord

I'm having issues with my Occupant as well, take the below as grain of salt and confirm with fair trading

As I understand it the tenant has to pay 2 weeks in advance.

Let's presume the payment for 2 weeks in advance was due on the 01/01/2014.

The tenant does not pay.

In 14 days (14/01) the PM can issue a non payment termination notice.

They have to give 14 days notice, so the tenant has until 28/01 to leave.

The PM can lodge a termination order at the same time, but the tribunal can't consider it till after the 28/01.

Yes

I am then a little hazy as to the exact process and timeline from here. What are the next steps (and how long do they typically take) to actually remove the tenant if they won't leave?

Tribunal might give you possession order, usually another 2 weeks, if tenant still not leaving, you need to apply then a warrant for possession if order ignored. This time you go with Sherriff and change locks.

One other question - if a tenant won't answer the PMs calls or letters, is the PM allowed to actually go and enter the property to see if they are still there?

I don't think so unless you have justfiable reason
http://www.fairtrading.nsw.gov.au/f...andlord/During_a_tenancy/Right_of_entry.page?

Furthermore, am I as the landlord allowed to enter the property to see if they are still licing there or not? If they are but are out, am I allowed to wait till they return?

As above, Lanlord and Landlord's Agent abide by the same rules.

 

[Salvatore1]

NearLY got it right. The tenant must be at least 14 days in arrears therefore you should wait until the 15th day before issuing an eviction notice. Ensure the eviction notice states tenants name, address of property, landlords name, date issued, how it was delivered and HAS TO STATE if paid before the vacate date they can stay on. You must allow 4 work days if the notice is posted, dont include a Sat, Sun or public holiday in your 4 days. If hand delivered please state and then notate if left in letter box or handed to the tenant. If you allow 4 days for postage the notice is not deemed delivered unti the 4th postage date, therefore if the tenant pays any rent that takes them below the 14 days the eviction notice is invalid as at time of delivered by Australia Post they were no longer 14+ in arrears. At the time you send off the eviction notice you can apply to NCAT for a hearing to have the lease terminated, pay your application fee which seems to go up every few months and wait for the matter to be heard. If the tenant pays them you can cancel the hearing and lose your application fee. Waste of time to go too NCAT for termination if paid, unleass you stated even if they do pay you want them terminated as they are poor payers and it is not the first time. If you then get too the NCAT in about 3 weeks from submitting your application then its a new ball game and I would have to write another page of notes to help you.

HOPEFULLY YOU HAVE A GOOD PROPERTY MANAGER THAT HAS ALREADY ADVISED YOU!!!

 

[Banvard]

Thanks guys, that is very helpful.

 

[EN710]

HOPEFULLY YOU HAVE A GOOD PROPERTY MANAGER THAT HAS ALREADY ADVISED YOU!!!

I need one, that actually care. I think this one just hope I will go away and stop calling them on the issue

 

[Salvatore1]

From En17 link it states:
If you have tried to contact the tenant and been unable to do so and have reasonable cause for serious concern about the health or safety of the tenant or other occupants - No notice required
If you reasonably believe the premises have been abandoned - No notice required

As the PM I would of visited the site. I recommend that the landlord doesn't visit in case they are at home. PM has to go!!! that's why you pay them.

 

[Banvard]

So one other question - assuming a good PM, roughly what sort of time frame would we be looking at from the last rent payment to actually having the tenant out, if they just ignored all contact?

 

[EN710]

So one other question - assuming a good PM, roughly what sort of time frame would we be looking at from the last rent payment to actually having the tenant out, if they just ignored all contact?

Each State is slightly different. If I'm not mistaken for NSW

14 days arrear - termination notice + tribunal application
2 weeks after (if tribunal is fast), then hearing and order for possession. Still ignored? Apply again for tribunal
2 weeks after is warrant for possession.

If you're lucky about 4 weeks, if not lucky, 6 weeks. If PM didn't apply for tribunal along with the termination notice, add 2 more weeks.
If tenant know how to play the rules... LONG!

 

[crest133]

Suggest you ask exactly the same question of the PM but with Q & A in writing. This will remove all PM's excuses.

Try not to breach the lease yourself or by PM by entering the premises without a good excuse. You are required to give notice to enter and by law the tenant must be allowed the peace and quiet enjoyment of the premises, even when in arrears.
Def allow one extra day in all matters to ensure paperwork is always valid. Arrears do not begin until the sun has set on an unpaid day.

If the tenant plays you by dribble payments to invalidate your termination notices or Tribunal applications, and the rent record shows serious and or persistent arrears, there is provision to request orders valid for 12 months that the tenant pay the rent on time as per the lease, in default your option is to return to Tribunal without another termination notice and without delay for the tenant breaching the lease AND the Tribunal order, and for serious and persistent arrears, and this usually makes it easier to get eviction or rent on time from an erratic payer.

Cheers
crest133

 

[Banvard]

Thanks for that info.

If a tenant vacates without paying the owed rent (and no insurance is present), what are the chances of getting them to actually pay the arrears back afterwards?

 

[EN710]

Thanks for that info.

If a tenant vacates without paying the owed rent (and no insurance is present), what are the chances of getting them to actually pay the arrears back afterwards?

Bond? I think Tribunal can also order a payment plan, e.g. $20 per week until the arrears paid off - check with PM and Fair Trading.

 

[Salvatore1]

Bond? I think Tribunal can also order a payment plan, e.g. $20 per week until the arrears paid off - check with PM and Fair Trading.

Yes they can but no gaurentee (sorry about the spelling) they will pay as the tribunal have no power to impose. To ensure you would have to go through local courts and it will cost you at this point.

 

[crest133]

I always argued in Tribunals that if a tenant fails to keep their word on the first agreement,, which is to pay the rent on time as per the essential term of the lease which says " the tenant must pay the rent on time", then how can the Tribunal expect me as a landlord or PM to make another agreement with the tenant for the same thing with any confidence ? So I would ask that the Tribunal make an order on the tenant valid for 12 months that they pay the rent on time, so that a default on that was a direct breach of a Tribunal Order as well as a breach of the lease. Also I asked that if the order is breached, then the order allow me to request an immediate hearing for termination of the tenancy on the basis that the tenant has breached a Tribunal Order and to have that hearing without having to issue any further termination notice. Usually granted. That order could relate to the tenant paying the rent plus a catchup amount with each rent payment.

Hope it helps.
Cheers
crest133