End of fixed term tenancy

Hi

I have a 6 month fixed term tenancy in place on one of my IP's, ending 8 Jan 2003. This IP is managed via a property manager. I will need to have vacant possession at this date as I and my family will need to move in for a while (it has to be this date, not later or I will incur storage costs and have no-where to live)

I have advised the PM so that they can give the tenants good notice. They have responded stating the tenants require 3 + weeks xtra and will not move out until their house is built and has said that she has spoken to the "residential tenancy court" and they have informally told her we will not get an evictioin order! The PM is on their side and treats me as the 'baddie'. What can I do other than evict at the due date? I have spoken to the Ministry of Fair Trading and they are totally supportive.

Any suggestions

I do not want to change PM as they are unlikely to take on the IP for 2 months.

Luc
 
Wow Luc,

What a shitty situation....

By the way, when is the termination, how much time have you got? I assume 2 months, by the last line of your post, am I correct?

On one level I can see where the property manager is coming from, in that it will be difficult to get them out within the 'extra 3 weeks' they have said they want. Even if you issue them notice to vacate, if they refuse, by the time you get them to tribunal and get a judgement, the 3 weeks will likely be up...

However!!!

Your PM is forgetting one thing...

THEY WORK FOR YOU !!!

They should be giving you strategies on how to get them OUT!!!

I seem to remember that, in VIC, there is something whereby if you have been told, by the tenant, that they will not adhere to a termination/eviction notice, and you want to move into the house yourself you can apply for a special hearing to get an eviction order which will become valid on the termination date if they don't move out. So, if they don't go, you can march in there, with the police, and evict them. It would be worth finding out if this is available in WA.

Now, as to your comment that a new property manager would be unwilling to take the property on with only 2 months left to run. I don't believe this is the case. I believe you should try, they can only say no, and you will be surprised, they may say yes! By the fact that you are in this forum, I assume this is not the only house you will ever own, tell the new PM that... The other thing you can do is offer them a weeks rent as a sweetnener. One week's rent lost for you will be far less than 3 or 4 weeks temp accommodation and storeage...

Good luck with it, let us know how it goes.

hope this helps

asy :D
 
Luc,

Also check the lease for other "outs".

In the ACT, my lease agreement gives me the right to terminate a periodic tenancy-

"Where there is a periodic tenancy, the lessor may serve on the tenant a notice to vacate for the following period on the following grounds

(a). notice of 4 weeks where a lessor or lessor's immediate relative intends to reside in the premises"

Is there some sort of win-win here? Your tenant has a problem, and so do you. If you're lucky, the lease may be on your side. Do you have any chance for the tenant to pay your costs for storage and accom during this period until you move in? Or for them to pay yours?
 
Hi Luc!
I sympathise with your situation as I was in one similar not so long ago. The tenants were given notice, the fixed lease period was over but they refused to move! Anyway, you don't want to hear my sad saga............

I have to agree wholeheartedly with Asy here- the PM should be working for you, not the tenants! You are the one paying them, after all! Sheesh....

Some thoughts... (please keep in mind that as laws vary from state to state, some of these ideas may not apply to WA)
1. Get the PM to issue them a written notice that their lease will not be renewed at the end of the fixed period, due to the fact that you (the landlord) need to move in. Ensure that the notice is either sent certified mail (so that you get to keep a receipt) or hand delivered. This way the tenants cannot say they didn't know of the notice.
2. If the tenants are still going to refuse to move perhaps you should apply for a possession order. This allows the police or other authorised body to enforce the possession order, once a warrant has been issued. The Dept of Fair Trading will be able to help you with this. I haven't yet had to do this, but I have read that this can be done.
3. Start keeping a record of all correspondence between you and the PM, as you may need it if you end up going to the Tribunal. By demonstrating that you have been fair and within the law you will have a better chance of them looking upon you favourably.
4. If the tenants are claiming that there is "nothing else to rent" (as mine did) then start cutting out rental ads from the local paper to show at the Tribunal.
5. Remember that it is YOUR PROPERTY and that some people in this world are plain lousy. :)

Let us know how you go.......
 
Top