Inherited (bad) tenants from previous owner

I purchased another IP and settlement went through last Friday. The house is 7 years old and I thought that it was in reasonable condition for 7 years ware and tear. Carpet had many marks, some look like gum and very dirty. Vegemite crusts all over the place and generally very untidy and messy. The tenants have two boys and just had another baby. The eldest acts like a Duracell bunny on red cordial – hyperactive.

When the previous agent handed over all the paperwork yesterday I was shocked. He had pictures of before the house was rented to the current tenants 3 months ago. Freshly painted throughout and carpet in excellent condition. It looked brand new. I have noticed the change since I first made an offer a month ago in that the walls have marks, drawings on the doors and generally very untidy (due of course to the wife being in hospital for all of two days).

I checked the tenants references that the previous property Manager had on file. Both on Centre Link payments, the husband works as a security guard and earns a whopping $40 per week extra. The Government paid their bond. Not the sort of tenants I would choose. They are currently one week in rental arrears.

Given the damage they have done in 3 months I don’t want to think want it will be like in 12 months time when their lease expires. I certainly don’t want to wait until then to try and fix the damage but would rather put a stop to it now.

Since I have the before shots I thought I might do an inspection, take photos and compare to the befores. I thought I would then send them a Notice to remedy breach for not maintaining the property. Giving them 2 weeks to fix it then hit them with another notice if they don’t and hopefully on the third I can apply to the tribunal to have them remove.

I would be grateful for any suggestions on how to go about removing these tenants.

Cheers,

Bazza
 
Hi Guys,

Just spoke to the RTA and it is not as difficult as I thought.

Option 1.
I give them a notice to remedy breach for not maintaining the property listing items such as carpets need cleaning, drawings need to be removed from walls etc then they have 7 days to fix this. If they do not I can immediately issue them with a notice to leave in 14 days.

Option 2.
If their do fix the issues (which I doubt) then the lease continues. If they are issued with more than two notices for the same reason within one year then I can ask the tribunal to terminate their tenancy agreement - which is not so easy.

Let's hope option 1 works.

Cheers,

Bazza
 
I'm glad you called the RTA. I was going to reply with that suggestion, but thought it might be seen as being "unhelpful" as it didn't answer your question.

We have always found the RTA to be able to answer any question we have thrown at them.

I don't know what happens if they refuse to budge, but I would add that the only two times we (my parents) have taken anyone to tribunal, they won. So if it comes down to it, and you need to taken them to tribunal, photos are an important key to showing quickly how the house is (not) being looked after.
 
I'm glad you called the RTA. I was going to reply with that suggestion, but thought it might be seen as being "unhelpful" as it didn't answer your question.

We have always found the RTA to be able to answer any question we have thrown at them.

I don't know what happens if they refuse to budge, but I would add that the only two times we (my parents) have taken anyone to tribunal, they won. So if it comes down to it, and you need to taken them to tribunal, photos are an important key to showing quickly how the house is (not) being looked after.

Hi Wylie,

I have been to the tribunal once before and found them very fair and we also won. So I'm not afraid of that. I just need to do everything by the book so that I am totally in the right.

I have issued an Entry Notice to inspect the property next week and will take pictures to verify the damage so I should have a strong case.

Cheers,

Bazza
 
Sounds like you are well on top of things. One thing I might add is that when we had tenants stop paying, and after issuing appropriate notices and entry reports etc, I was worried that they would not move (one tenant was on drugs, and a bit scary - the other two were fine).

Our local police were prepared to come with me (hubby had to be at work) to help me if they were not gone by midnight deadline (night before I planned on getting locks changed). I didn't have to bring the police with me as we saw them moving everything the day before, but I was very happy that the boys in blue were willing to attend with me should this druggie turn nasty.

Interestingly, even though we had a locksmith change the locks that morning, the RTA told me that until the tenants handed in the keys, legally we had no right to change the locks. The "handing over" of the keys was the official ending of the lease. We changed the locks before we knew that :D.

We didn't ever get our keys back, but we found a set of theirs that were dropped in the grass with expensive immobiliser keys and unusual keys that we suspected were to do with their workplace. Too bad, so sad, we had no forwarding address, so those keys went in the skip :D.
 
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