Evicting tenant at end of 90 day notice period

Would appreciate any advise/views on this:

We have a project planned to start in early January 2014 and have tentatively booked demolition of existing property mid December.

We gave the tenants who are on periodic lease and very/very low rent 90 days notice in mid September. The condition of the property is very poor but the tenants are finding it hard to find another property with similar rent where they can get approved.

Have spoken to PM and done my research and it appears we have to wait for the original 90 days notice to expire and if tenants have not moved out then we can go to the tribunal and get an order to evict the tenants.

So it may mean that even after the 90 days notice we have to take more time to get the tenants out.
 
Hi Snoopy,

Unfortunately your PM has given you the correct advice. I don't know how quickly the tribunal acts in NSW but in VIC they get really slow at this time of year too due to closures and high arrears.

When I've been in a similar situation I've been inclined to talk to the tenants, let them know they may have to move out of the area or downsize to stay in the same rental bracket and pointed them in the direction of a couple of properties which may suit. Not just properties with my agency but anything that is advertised as available. I've been known to print everything off realestate.com and put it in the letter box for them.

Unfortunately tenants aren't always very pro-active about moving out if they don't want to.
 
Unfortunately this does happen. I have been a bit pushy in this situation sometimes and just roll on in day after vacate date as though they shouldn't be there. Generally they pretty quickly get the idea and move out.

Continual flow of tradies also makes them uncomfortable and encourages them to move. You can always also start doing some basic demolition around them while they are still there. Due to those items being demolished causing a safety issue, so they had to be done prior to the tenant vacating.
 
We just got held up 3 months after vacate date with exactly that and our re kept saying no use taking them to vcat they are loathe to put tenants out
 
90 day notice

Thanks for all your suggestions. Sounds like there is limited scope for us to do anything.

The REINSW advices that the CTTT will need to issue an eviction notice and to lodge a case the day the notice expires.

Sounds like i have done most of what is suggested, we have increased the pressure over the 90 days, suggested other properties and the fact they may have to move out of the area now that rents are higher than they are used to. They have made several applications even with our PM but unsuccessful as they are on benefits.

Have considered inducements (bribes) but i don't want them to start haggling unreasonably on that once we open that topic, also if they cant get a place will this help.

There is less than 2 weeks to the notice period expiring and the PM is calling them a couple of times a week.


REINSW advice

"Termination of periodic agreement ? section 85

The notice period under the RTA 1987 for ?no grounds? notices was 60 days. Under the RTA 2010 this period has become 90 days.

However, following REINSW lobbying, the ability of the CTTT to take the ?circumstances of the case? into account when deciding whether or not to order termination has been removed (this was the Swain?s case doctrine).
 
When we know we probably will have problem tenants, we have the hearing already booked for Tribunal. It might not be needed, but it cuts down time delays.
 
Good news is that the tenants have vacated. In the heavy rains in the last 2 weeks the ceiling collapsed. The PM was very good and refused to do anything as they were supposed to vacate anyway. A friend visited the property and told the tenants the bulldozers would be there on the day after their last day of notice.

Anyway on their last day of the notice period they moved out and have moved out of the area to somewhere cheaper.

The challenge now is that the demolition guy has moved onto another job and cant start until mid Jan at the earliest; so i have to potentially find someone else......
 
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