Today (24/7/09) I get a weird letter from my property manager in Darwin dated 22/7/09...
"We have received notice of intention to vacate the above property by your tenants effective as at 31 July 2009 which is in accordance with the special "Military Clause" of their lease". No mention of the date of the notice of intention to vacate or date it was received.
WTF...what special military clause of their lease? I don't remember agreeing to any special military clause. When I telephone the managing agent they are on holidays from today till 28th July for the Darwin Festival.
I had received a message about a month ago to call my property manager for the property. As background the property had been let to guy in the army and his girlfriend. It was a one year lease commencing 20 August 2008 expiring 19 August 2009.
Tenants wanted to either stay on for a few weeks longer than the 12 months then vacate, or possibly vacate earlier. What did I say?
Having had a previous tenant in the property for 3 years prior to last year and each time the 1 year was up having to pay a new lease preparation fee for a further one year period (property manager-different employee of management company saying we always have a lease in place in NT, no tenancies at will etc) I say "no". I would like this tenant to stick to the lease terms...I would need a formal lease in place at all times.
The letter from the property manager further states:-
"The tenant has provided a letter from Defence Housing Management Centre which requests they vacate the rental property and return to Service residence for Service reason"
So what? Am I under some obligation to the Defence Housing Management Centre? It isn't lease between me and the DHA...it’s a private lease.
Of course I will request copies of the lease entered into on my behalf, the letter from Defence Housing Management Centre when the property manager returns and copy of Notice of Intention to vacate and detaisl of the date thsi was received by managing agent. I will also ask the property manager to refer me to any statute that specifies a tenant can vacate before the 12 months is up and not be liable for any shortfall in rent should the owner be unable to find a tenant before the 12 month lease period ends.
Will also enquire about required notice period (whether it is 14 days or 30 days if there is a special military clause in the lease).
Found this on a quick internet search on special miltary clauses in the NT...
REASONS FOR THE ORDER OF THE COMMISSIONER OF TENANCIES
INQUIRY – 24 July 2003
This is a determination of an application dated 16 July 2003 by the Landlord seeking an order
for compensation pursuant to section 122 of the Residential Tenancies Act (NT) (the Act).
The application is made in respect of premises being 11/18 Seale Street, Fannie Bay in the
Northern Territory (the Premises).
A Notice of Inquiry dated 18 July 2003 was posted to the parties. The inquiry was conducted
on 24 July 2003 during which evidence was taken from the Landlord’s Agent (“the
Landlord”). There was no appearance by the tenants (“the Tenant”).
On the basis of the documentary and oral evidence before the Inquiry, I find there was a
tenancy agreement within the meaning of and subject to the provisions of the Act on the
following terms:
Premises: 11/18 Seale Stree, Fannie Bay NT 0820
Commencement Date: 24 January 2003
Period: 26 weeks (to 24 July 2003)
Rent: $520 per fortnight
Security Deposit $1040
A summary of evidence given at the Inquiry is as follows:
• The tenancy commenced on 24 January 2003 pursuant to a written agreement.
• The agreement contained a special clause 5(d), referred to colloquially as a “military
clause”. That clause purported to give a tenant the right to terminate the agreement on
thirty days notice, if the tenant was posted away from the area or if they accepted
accommodation from the Australian Defence Force. The clause provided that the notice
should be accompanied by supporting documentation and signed by an authorised
superior officer. Further, the clause stated that the amount of rent to be paid was to be
calculated on a proportional basis up to the date upon which the notice expired.
• The tenancy agreement was to expire on the 24 July 2003.
• A letter dated 13 June 2003 (but not received it seems until 18 June) addressed to the
Landlord from the Tenant (the Tenant’s letter), purported to give notice in accordance
with the military clause. However, the letter only gave 14 days notice as of 13 June 2003,
and stated that vacant possession will be given on 27 June 2003.
• The Tenant’s letter, was accompanied by a further letter dated 10 June 2003 addressed to
the Tenant from the Defence Housing Authority (the DHA letter). That letter advised
the Tenant that he had been recalled to base accommodation in effect from 30 days after
written notice was given in accordance with the military clause.
• It was not clear to me why the Tenant had purported to only give 14 days notice in the
letter.
2003_ntrtcmr_013
• A further letter dated 20 June 2003 addressed to the Tenant from the Landlord (the
Landlord’s letter), acknowledged the receipt of the Tenant’s letter and confirmed the
date of vacation (sic termination) as 9 July 2003. It appears that date was 30 days from
date of the DHA letter, not 30 days from the date on the Tenant’s letter, nor 30 days from
the receipt of the Tenant’s letter (which I was told was received on 18 June 2003).
• In the meantime the Tenant fell into arrears with rent payments.
• On the 4 July 2003 the Landlord served a notice to remedy unpaid rent/notice of
termination on the Tenant. The period of outstanding rent was specified as 8 June 2003
to 3 July 2003. The rent payment date was 14 July 2003, and the termination date was15
July 2003.
• The Tenant vacated the property on 9 July 2003, the date which had been specified in the
Landlord's letter, a date which was, in any event, before the rent payment date or
termination date specified in the Landlord’s notice.
On the evidence before the Inquiry, I find that the tenancy agreement terminated on 9 July
2003, as a result of the Tenant giving up vacant possession of the Premises with the
Landlord’s consent (pursuant to s 82(1)(f) of the Act), and that the conditions of the
agreement including the Tenant’s obligation to pay rent applied until that date. This is
particularly so given that the military clause in the agreement specifically provided that rent
to be paid is to be calculated up to the date on which the notice expires, which in this instance
was accepted (on the face of the Landlord’s letter) to be 9 July 2003.
In relation to the Landlord’s claim for compensation pursuant 122, I find the Tenant has
failed to pay rent in accordance with the tenancy agreement which terminated on 9 July 2003.
The Tenant had paid rent up until 8 June 2003. On the basis of the evidence before me, I find
the amount of $1,172.86 is owed by the Tenant to the Landlord in compensation, being
unpaid rent until the date of termination of the tenancy. Accordingly, I order that:
1. The Tenant is to pay the Landlord compensation in the amount of $1,172.86 for unpaid
rent and section 122 compensation up to and including 9 July 2003.
2. Any further claim for compensation is adjourned to a date to be fixed upon further
application and notice to the parties
Dated this: day of September 2003
"We have received notice of intention to vacate the above property by your tenants effective as at 31 July 2009 which is in accordance with the special "Military Clause" of their lease". No mention of the date of the notice of intention to vacate or date it was received.
WTF...what special military clause of their lease? I don't remember agreeing to any special military clause. When I telephone the managing agent they are on holidays from today till 28th July for the Darwin Festival.
I had received a message about a month ago to call my property manager for the property. As background the property had been let to guy in the army and his girlfriend. It was a one year lease commencing 20 August 2008 expiring 19 August 2009.
Tenants wanted to either stay on for a few weeks longer than the 12 months then vacate, or possibly vacate earlier. What did I say?
Having had a previous tenant in the property for 3 years prior to last year and each time the 1 year was up having to pay a new lease preparation fee for a further one year period (property manager-different employee of management company saying we always have a lease in place in NT, no tenancies at will etc) I say "no". I would like this tenant to stick to the lease terms...I would need a formal lease in place at all times.
The letter from the property manager further states:-
"The tenant has provided a letter from Defence Housing Management Centre which requests they vacate the rental property and return to Service residence for Service reason"
So what? Am I under some obligation to the Defence Housing Management Centre? It isn't lease between me and the DHA...it’s a private lease.
Of course I will request copies of the lease entered into on my behalf, the letter from Defence Housing Management Centre when the property manager returns and copy of Notice of Intention to vacate and detaisl of the date thsi was received by managing agent. I will also ask the property manager to refer me to any statute that specifies a tenant can vacate before the 12 months is up and not be liable for any shortfall in rent should the owner be unable to find a tenant before the 12 month lease period ends.
Will also enquire about required notice period (whether it is 14 days or 30 days if there is a special military clause in the lease).
Found this on a quick internet search on special miltary clauses in the NT...
REASONS FOR THE ORDER OF THE COMMISSIONER OF TENANCIES
INQUIRY – 24 July 2003
This is a determination of an application dated 16 July 2003 by the Landlord seeking an order
for compensation pursuant to section 122 of the Residential Tenancies Act (NT) (the Act).
The application is made in respect of premises being 11/18 Seale Street, Fannie Bay in the
Northern Territory (the Premises).
A Notice of Inquiry dated 18 July 2003 was posted to the parties. The inquiry was conducted
on 24 July 2003 during which evidence was taken from the Landlord’s Agent (“the
Landlord”). There was no appearance by the tenants (“the Tenant”).
On the basis of the documentary and oral evidence before the Inquiry, I find there was a
tenancy agreement within the meaning of and subject to the provisions of the Act on the
following terms:
Premises: 11/18 Seale Stree, Fannie Bay NT 0820
Commencement Date: 24 January 2003
Period: 26 weeks (to 24 July 2003)
Rent: $520 per fortnight
Security Deposit $1040
A summary of evidence given at the Inquiry is as follows:
• The tenancy commenced on 24 January 2003 pursuant to a written agreement.
• The agreement contained a special clause 5(d), referred to colloquially as a “military
clause”. That clause purported to give a tenant the right to terminate the agreement on
thirty days notice, if the tenant was posted away from the area or if they accepted
accommodation from the Australian Defence Force. The clause provided that the notice
should be accompanied by supporting documentation and signed by an authorised
superior officer. Further, the clause stated that the amount of rent to be paid was to be
calculated on a proportional basis up to the date upon which the notice expired.
• The tenancy agreement was to expire on the 24 July 2003.
• A letter dated 13 June 2003 (but not received it seems until 18 June) addressed to the
Landlord from the Tenant (the Tenant’s letter), purported to give notice in accordance
with the military clause. However, the letter only gave 14 days notice as of 13 June 2003,
and stated that vacant possession will be given on 27 June 2003.
• The Tenant’s letter, was accompanied by a further letter dated 10 June 2003 addressed to
the Tenant from the Defence Housing Authority (the DHA letter). That letter advised
the Tenant that he had been recalled to base accommodation in effect from 30 days after
written notice was given in accordance with the military clause.
• It was not clear to me why the Tenant had purported to only give 14 days notice in the
letter.
2003_ntrtcmr_013
• A further letter dated 20 June 2003 addressed to the Tenant from the Landlord (the
Landlord’s letter), acknowledged the receipt of the Tenant’s letter and confirmed the
date of vacation (sic termination) as 9 July 2003. It appears that date was 30 days from
date of the DHA letter, not 30 days from the date on the Tenant’s letter, nor 30 days from
the receipt of the Tenant’s letter (which I was told was received on 18 June 2003).
• In the meantime the Tenant fell into arrears with rent payments.
• On the 4 July 2003 the Landlord served a notice to remedy unpaid rent/notice of
termination on the Tenant. The period of outstanding rent was specified as 8 June 2003
to 3 July 2003. The rent payment date was 14 July 2003, and the termination date was15
July 2003.
• The Tenant vacated the property on 9 July 2003, the date which had been specified in the
Landlord's letter, a date which was, in any event, before the rent payment date or
termination date specified in the Landlord’s notice.
On the evidence before the Inquiry, I find that the tenancy agreement terminated on 9 July
2003, as a result of the Tenant giving up vacant possession of the Premises with the
Landlord’s consent (pursuant to s 82(1)(f) of the Act), and that the conditions of the
agreement including the Tenant’s obligation to pay rent applied until that date. This is
particularly so given that the military clause in the agreement specifically provided that rent
to be paid is to be calculated up to the date on which the notice expires, which in this instance
was accepted (on the face of the Landlord’s letter) to be 9 July 2003.
In relation to the Landlord’s claim for compensation pursuant 122, I find the Tenant has
failed to pay rent in accordance with the tenancy agreement which terminated on 9 July 2003.
The Tenant had paid rent up until 8 June 2003. On the basis of the evidence before me, I find
the amount of $1,172.86 is owed by the Tenant to the Landlord in compensation, being
unpaid rent until the date of termination of the tenancy. Accordingly, I order that:
1. The Tenant is to pay the Landlord compensation in the amount of $1,172.86 for unpaid
rent and section 122 compensation up to and including 9 July 2003.
2. Any further claim for compensation is adjourned to a date to be fixed upon further
application and notice to the parties
Dated this: day of September 2003
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