Husband who's not in rental agreement refused to leave

[EN710]

I didn't say anything about a notice to vacate or the regular procedures.

This is one of the few situations where you can probably just take back possession without a court order.

So what's with the reluctance to move along those lines?

This is what we said we want to the agent, but she's very reluctant on not following procedures
I told PM that tenant can end their tenancy anytime but she sound very reluctant. As this goes, we might talk directly to the managing director (whoever her boss is).

 

[Shovelhead]

Wife is now reluctant?

but just not sure whether he'll leave even if she does (she put notice today).

Your confusing the hell out of me.Your PM is a numpty btw.

I suggest you get on with it and do something.

 

[thatbum]

This is what we said we want to the agent, but she's very reluctant on not following procedures
I told PM that tenant can end their tenancy anytime but she sound very reluctant. As this goes, we might talk directly to the managing director (whoever her boss is).

Your PM is out of their depth. I suspect their director won't be much better, and even more risk adverse (of their own interests that is).

Get some legal advice on how to proceed.

 

[EN710]

Wife is now reluctant?



Your confusing the hell out of me.Your PM is a numpty btw.

I suggest you get on with it and do something.

No, the PM is reluctant. From PM communications, sounds like the wife not sure whether the husband is going to leave the property even after she end her tenancy. Yes, PM is scared to do anything that she doesn't know about - I can understand, but it's still not in our best interest.

@thatbum I will call Fair Trading probably. Not sure how lawyer will cost

 

[kathryn d]

No, the PM is reluctant. From PM communications, sounds like the wife not sure whether the husband is going to leave the property even after she end her tenancy. Yes, PM is scared to do anything that she doesn't know about - I can understand, but it's still not in our best interest.

@thatbum I will call Fair Trading probably. Not sure how lawyer will cost

How about going to the police first, because it is free.
Ask if there is a PPA (Protection of Property Act)
If they aren't sure, ask them to find out..or do a search yourself.

We made our own form, used it several times. We also give a copy to the local Police, so they know ..should they be called to remove the offender.

We give it to problem visitors of our tenants (once at their request) and when problem tenants are vacating.

 

[Salvatore1]

What really confuses me throughout is that you stated wife has given notice, wife has moved out, wife unsure what she is doing, wife still living there, wife still paying rent? Is she still at the property? Have any keys been returned? If she has vacated has she disconnected her electricity and gas accounts?

 

[Sez]

I'm not sure how the law differs in NSW but a handy piece of advice for your PM that I learned here in VIC. If official notices are served to the property (such as failure to vacate after providing notice) and it's going to tribunal then serve notices on the tenant and 'all other occupants' as the secondary tenant. This will cover you if you end up with squatters and you can continue the tribunal process on the original notices as opposed to having to start all over again if they define the husband as a squatter. .

 

[EN710]

What really confuses me throughout is that you stated wife has given notice, wife has moved out, wife unsure what she is doing, wife still living there, wife still paying rent? Is she still at the property? Have any keys been returned? If she has vacated has she disconnected her electricity and gas accounts?

@Salvator - the wife is still under tenancy (not ended yet), it's just she's not living at the place anymore, the husband does. It has not been vacated as tenancy has not ended (hence why she's stil paying rent).
She sent the end of tenancy notification last friday, by standard terms, the minimum notice is 21 days, but we told our PM that the date can be earlier.

 

[Sez]

With the end of tenancy notice the PM should write up a confirmation of vacate letter, give one to the wife and tape one to the front door stating that the property must be vacant and cleaned (attach a cleaning check list) by (insert date here). That might be enough to get him moving out .

 

[Lou Reed]

EN710,at least your getting rent in the mean time

Are you going to change PM after this???

 

[lizzie]

Sounds like the agent might be scare of having to forceably "vacate him herself" ... that is what the Sheriff and police are for.

And the Sheriff is very good at taking a locksmith along with him.

Don't dawdle any more - tell your agent what needs to be done NOW and she can learn on the job:

- end lease (and book into tribunal at the same time)
- advise both parties of need to vacate by certain date (reassure the wife that she doesn't have to physically remove him if he doesn't leave - that's what the Sheriff is for - don't want her in the line of fire)
- if he doesn't leave - organise the Sheriff/police with locksmith in tow

 

[VaSSagO]

I don't get the fuss, as the owner it is not your problem.

The tenant (wife) needs to give you back vacant possession and until that point must keep paying rent (and you hold onto the bond).

Getting the husband out of the house is her issue, no need to get involved in it.

 

[EN710]

I don't get the fuss, as the owner it is not your problem.

The tenant (wife) needs to give you back vacant possession and until that point must keep paying rent (and you hold onto the bond).

Getting the husband out of the house is her issue, no need to get involved in it.

Indeed, but if the husband doesn't vacate then it still our problem as it's our property

@lizzie, I told the PM to do that (get police etc), haven't heard back from PM in a week after call and emails, I'm going to give her a call again today.

 

[VaSSagO]

Yes it is your property but you have no legal relationship with the husband. The husband is the tenants problem, don't get involved in it.

If you want your property back you need to work this out with your tenant (the wife). Need to go by the book, treat it as if the wife is the tenant until you get back the keys and vacant possession. She pays rent up until that time. If need be you go through the motions and court to end the tenancy and get vacant possession.

If after you get vacant possession the husband breaks back in then it is a matter for the Police.

 

[EN710]

Yes it is your property but you have no legal relationship with the husband. The husband is the tenants problem, don't get involved in it.

If you want your property back you need to work this out with your tenant (the wife). Need to go by the book, treat it as if the wife is the tenant until you get back the keys and vacant possession. She pays rent up until that time. If need be you go through the motions and court to end the tenancy and get vacant possession.

If after you get vacant possession the husband breaks back in then it is a matter for the Police.

Unfortunately tenant went AWOL (as in she doesn't respond to attempt of contacts and can't confirm date). Per breach of agreement notice, they need to vacate on Tuesday, so just by the book, I'd need to follow all the procedures etc

On a positive side, I'm looking to reno the property once it's vacant. Looking to do some stuff DIY (painting, ripping off carpet, etc) - new thread coming soon

 

[EN710]

It took sometime, but the good news is I have the property back

The wife manage to get the husband out and handed the (not working) keys 2 days ago. PM said property have rubbish to be cleaned and lawn to be mowed, so I assume the house is not seriously broken

Since then I've got a locksmith to change the keys and will visit the property this weekend to start painting. Meed to book a massage after

 

[Sez]

hey EN710 - I'm please to hear of a pretty good outcome for a pretty bad situation that could have really spiralled out of control!

The renovations should be exciting - make sure you take before and after photos! I'm a sucker for a good before and after and I'm sure I'm not the only one here who would love to see them!

 

[EN710]

hey EN710 - I'm please to hear of a pretty good outcome for a pretty bad situation that could have really spiralled out of control!

The renovations should be exciting - make sure you take before and after photos! I'm a sucker for a good before and after and I'm sure I'm not the only one here who would love to see them!

Thank you Sez, will take pics and post before and after.. unless I my painting make the place worse then no photo, or I'll post ones for a laugh

 

[SeafordSunshine]

Sounds like a lesson learnt!

Nothing like a practical lesson to force you to know what to do!

Congratulations!
Good on you!
Seaford Sunshine

 

[The Fence]

I'm not sure how the law differs in NSW but a handy piece of advice for your PM that I learned here in VIC. If official notices are served to the property (such as failure to vacate after providing notice) and it's going to tribunal then serve notices on the tenant and 'all other occupants' as the secondary tenant. This will cover you if you end up with squatters and you can continue the tribunal process on the original notices as opposed to having to start all over again if they define the husband as a squatter. .

How to deal with a squatter.


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