Question on Notice to Vacate.

[Louwai]

I have a situation which I hope someone here can offer advice on.

The PM drafted & dated a Notice to Vacate on the 17th of December 2010.
The envelope was stamped with the PM's franking mark (no postage stamp required) on the 17th of Dec 2010.


#1 - At the beginning of the lease, & also confirmed during the lease period, the tenant had requested that ALL corospondance be sent to their PO Box, but the Notice to Vacate was sent to the street address instead.

#2 - The Notice letter was not actualy received by the tenant until the 10th of Jan 2011.

#3 - THe Australia Post date stamp on the envelope is 4th Jan 2011.


So this information indicates that the Notice to Vacate was drafted & prepared for mailing on the 17th Dec 2010, but according to the AU Post date stamp, it wasn't actually mailed until the 4th of Jan 2011.
And then, due to it being addressed incorredtly, not received by the tenant until 10th Jan.


So my question is;
What is the actual date that the tenant is required to leave??
17th Feb 2011 (60 days after date it was written)
OR
4th March 2011??? (60 days after date it was posted)
OR
10th March 2011??? (60 days after date it was actually received due to incorrect postal address)

 

[Propertunity]

10th March 2011??? (60 days after date it was actually received due to incorrect postal address)

This one.......

 

[Louwai]

OK. Thanks.
I was actually thinking it would be the 4th March as the post mark was 4th Jan.
My reason for this thought is that, even though it was not sent to a postal address requested by the tenant, it was actually sent to the street adress of the rented property.

But, you've answered my question. Thanks.

B

 

[Propertunity]

I was actually thinking it would be the 4th March as the post mark was 4th Jan.
My reason for this thought is that, even though it was not sent to a postal address requested by the tenant, it was actually sent to the street adress of the rented property

The notice has to be "served" and so you could mount a case that sending it to the street address did that. However, it would not be the postmark date. You have to allow 4 business days after posting for delivery.