removing tenant after 23 years.

H

Hodge

Hi everyone

My father had the same tenant in his property since 1990. Self managed with the last 7 months being managed by a local real estate agent. My father wants to evict the tenant as the property needs a lot of maintenance.

Seeing the tenant has been living in the property for a very long time is the 90 day notice still applicable or does it need to be longer? No bond was ever paid and no agreement in place.
Regards

Hodge
 
I'm assuming there was a lease at the start? If so, I'm guessing he is on a month to month lease and the usual notice periods would apply.

We asked a tenant to leave after 15 years. Nice man, house falling to pieces around him...

He didn't want to go because he was paying $350 for house that we could have got $400 for "as is", but if he left, it would have been hard to find a "nice" tenant happy to accept such a horrible kitchen and bathroom, so we kept him under market until we were ready to put in a few months' work there.

We got our ducks lined up and told him our plans to renovate in about September. His lease finished just prior to Christmas (generally not a good thing, but this time it worked well for us). We allowed him to leave any time up to that point, but he stayed until the end of the lease.

We gutted kitchen and bathroom, painted inside, removed some walls, closed some doors and the house has gone from ugly sister to Cinderella. We are getting $500 per week and possibly could have asked a little more. We are happy with $500 because the tenants moved in earlier than we would have normally allowed (due to their circumstances) so the rent is flowing whilst we are back and forth finishing things outside, and they are happy to accommodate this intrusion.
 
Wow 23 years what a great run. They will be sad to leave.

My understanding is you need to in VIC
1. Give them a valid "Notice to Vacate"
2. If it is the end of a fixed-term tenancy agreement of six months or more, (LOL which it is) then the minimum notice required is 90 days
 
23 Years!!!!

It would be interesting to know whether the rent he had paid over that time would have paid off the mortgage had he chosen to buy instead of rent 23 years ago.
 
I would be generous and give him as much notice as you can - 3 months would be a nice gesture.

One of my parents properties has had a tenant for 20 years. He was there when we bought the place. He is a good bloke and I even invited him to my wedding, kind of like an uncle to me. Despite what my previous comments may make me sound like, I am not a terrible landlord. Do right to me and I will do the same plus more for you.
 
If there is no agreement in place, the 90 day notice is not applicable - as it's not a fixed term.

You may issue a 60 day notice of renovations - but it doesn't actually have to be 60 days, just valid.

So for instance you may issue a 60 day notice for renovations, that expires in 90 days or more.

This is Victorian legislation.
 
For a tenant such as that, might be best to buy him another property to move into, then renovate his old place and sell/rent out to someone else!
 
Thanks for the advice every one. Not sure what the tenant will do as they have no money. Believe it or not the rent has never increased since he moved in! Once the property is renovated the rent will triple and therefore won't be able to afford it.

Just wanted to check as i thought after a certain amount of time tenants require more notice then normal.
 
Currently 7 years with the longest tenant, and would be not unhappy were they to vacate :) Chance to refresh and do a per room rental would significantly bump up the yield, no rush with that though and in the mean time it's ticking away and relatively well maintained.
 
Lil Skater said:
If there is no agreement in place, the 90 day notice is not applicable - as it's not a fixed term.

You may issue a 60 day notice of renovations - but it doesn't actually have to be 60 days, just valid.

So for instance you may issue a 60 day notice for renovations, that expires in 90 days or more.

This is Victorian legislation.
Click to expand...
I second this! :)

Ahhh, it's always hard not to feel sad when removing a long-term tenant so I can't imagine how you feel with a tenant of 23 years!!!

you'll need to send them the 'notice of renovations' but give them as much time as you can (no less than 60 days plus postage is the legal requirement). Remember that once you've sent them the notice they can then give you 14 days counter notice when they find something new.

Perhaps you could ask your agent to enclose the details of local community services to assist them with the cost of moving &/or bond & rent on a new house? Most agents are aware of the local ones and they are there to help people just like your tenant. If they've been good tenants then the current agent may be happy to try to shift them into something else they have, though, it might need to be a tad smaller or a change of area is in order for the rental difference.....

No bond, I'm going to assume no condition report? After 23 years you would be pretty hard pressed to claim anything on vacate except maybe some cleaning and rent arrears and given the work that you plan on doing to the place I don't see it being a problem. Any tenant who has been in the same place for 23 years isn't likely to be a bad tenant :).
 
Hey guys - can't help but think, with such a long term, loyal tenant (assuming he's been a good tenant), is there the option of doing the maintenance whilst he is living in the property at all?

Or, at least explain the situation of it being well under market rent, and offer to bring it up to market rent minus an amount due to it's condition. You'd get your money, wouldn't have to do all the work and the tenant would get to keep their place.

Probably a nicer way to go than just booting them out, even if it's unlikely that they'd stay on they do at least have some choice.
 
DavidMc said:
Hey guys - can't help but think, with such a long term, loyal tenant (assuming he's been a good tenant), is there the option of doing the maintenance whilst he is living in the property at all?

Or, at least explain the situation of it being well under market rent, and offer to bring it up to market rent minus an amount due to it's condition. You'd get your money, wouldn't have to do all the work and the tenant would get to keep their place.

Probably a nicer way to go than just booting them out, even if it's unlikely that they'd stay on they do at least have some choice.
Click to expand...

I'd definitely would love the tenant to stay on but I know with a 200% increase in rent after renovations there's no way they can afford to pay.
 
I've been to VCAT previously for longer term tenants and whilst consideration is given to the tenants (especially those who are older or incapacitated in some form) there is nothing in the legislation that states that longer term tenants have more rights.

The exception is a fixed term of 5+ years.

If the property is unsafe due to lack of maintenance, and the work required is (by the sounds of it) substantial VCAT unlikely to let them stay too much longer for health and safety reasons. Then again, you never know what to expect from VCAT!!

Also, if your tenant is older, you may like to direct them to local community organizations that may be able to help with packing and/or cleaning.
 
Quick update. Pm has done some research and apparently we must evict tenant on the basis that the house is unsafe and needs renovations urgently. She said if we were to evict the tenant for no reason we would lose at vcat. I think it's because the tenant is in his nineties and been living there for a very long time.
 
Hodge said:
Quick update. Pm has done some research and apparently we must evict tenant on the basis that the house is unsafe and needs renovations urgently. She said if we were to evict the tenant for no reason we would lose at vcat. I think it's because the tenant is in his nineties and been living there for a very long time.
Click to expand...

Yeah that doesn't sound right to me.

Also, doesn't that mean you have to prove the house is unsafe and needs renovations urgently? Is that true?
 
thatbum said:
Yeah that doesn't sound right to me.

Also, doesn't that mean you have to prove the house is unsafe and needs renovations urgently? Is that true?
Click to expand...

Not sure if it's correct but at the same time covering my bum. One look at the house and blind Freddie can tell the house needs urgent work. It's livable but slowly falling apart.
 
I saw an article this week where a NSW person was selling their house and wanted to evict the tenant after 20+ years. This was not a younger person evicting an older person but two oldies (86 year old lady evicting 85+ year lady).

The CTTT in NSW still made the vendor give 12 months notice to allow sufficient time to vacate.

http://www.smh.com.au/comment/no-job-too-small-and-justice-is-done-20130711-2psx0.html

Just make sure you give the tenant a very long time. No court is going to find in your favour here.

Good luck
 
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