Residential Tenancy Act

[thatbum]

yes if resolved in that timeframe. wonder what other peoples experiences have been?

I can tell you.

Generally fluffing around before giving out notices and applying to court/tribunal, then giving the tenant chances along the way. Then even when its in court, not being prepared with the evidence required and arguments they should be putting forward to obtain a possession order as soon as possible. This goes for both PMs and private LLs.

I can't remember the last time I saw a termination application in court that was carried out promptly.

Then after its all done and dusted, usually the complaining starts to friends, family and online forums about how the "laws" are unfair.

Shrug.

 

[Scott No Mates]

3 Weeks + extra days to vacate ie not immediate possession. Close enough to 4 weeks

 

[pully]

https://www.sa.gov.au/topics/housin...-a-lease-agreement-and-organising-an-eviction
it seems in sa it needs to be about 21 days before an application for an order to vacate can be given. see link.

wonder how long it can take to get a hearing? it may mean longer than 4 weeks of arrears?

 

[thatbum]

https://www.sa.gov.au/topics/housin...-a-lease-agreement-and-organising-an-eviction
it seems in sa it needs to be about 21 days before an application for an order to vacate can be given. see link.

wonder how long it can take to get a hearing? it may mean longer than 4 weeks of arrears?

It doesn't say that anywhere in the link you posted.

Are you sure whatever it is you read doesn't mean you can't get an order before 21 days after the breach?

 

[pully]

process needs to be followed as per the link. 14 days in arrears before notice then 7 days as per the guidelines. details how the days must be calculated. it may work out longer than strictly 21 days.

You can apply to have a tenant evicted if:
?you have given them notice to remedy a breach that they didn't comply with
?a fixed term tenancy has expired and you provided the appropriate written notice that the tenancy would end, but the tenant did not move out
?the tenant has given you written notice but has not moved out on the date they specified.

like you can see no suggestion of any deviation from the prescribed process, for any reason.

others may know of exceptions.

 

[thatbum]

like you can see no suggestion of any deviation from the prescribed process, for any reason.

others may know of exceptions.

Then you probably aren't looking hard enough. That info sheet doesn't say much at all, and is talking about general breaches.

 

[pully]

thankfully there are experts who deal with these issues. we would not tackle this ourselves. legal matters and due process are best left to those qualified to act.

interested in the experiences of others faced with these issues.

 

[Doovalacky]

I've been through it a couple times now. Below was one I recorded, but all be about a 8 weeks to get the physical eviction done when the tenant has strung it out to max.

WA you have to give 14 days breach.
Then 7 days eviction notice (form1a).
Both of these take another day if you cant personally find the tenant to hand the form to and have to "mail" it into their letterbox.
Then wait for a court date which was another week only as agent had pre-booked it.

Court date arrives and we are forced in mediation with a registrar instead of seeing a magistrate. (I was there as well)
Tenant hasn't paid any money but claims I am being discriminatory etc by terminating them.
No other issues disputed but of course no agreement so adjourned to magistrate.

New date for a magistrate to take the case.
Still no rent, 6 weeks behind. Tenant claims hardship due to lack of rentals, her partner splitting 6 months ago and her kids.
Tenant given another 2 weeks despite saying had no intention of ever paying money owed.

8 weeks latter and tenant failed to move out on the final day.
Bailiff took another 10 days to physically evict tenant.

 

[Jaggannath]

Thanks thatbum, a kudos coming your way for the insights.

My gut feeling (and your posts have kind of confirmed it) is that people are more struggling with bad PMs and insurance offerings that don't provide full cover. If a tenant trashed my house and left me with 8 weeks rent owing, so long as I was fully covered by insurance for remedying it'd be annoying, but tolerable. The feeling I get is that insurance doesn't offer this at all, and therefore combined with a bad PM you're going to get landlords who blame the tenants (who are responsible, but risk is a part of any investment) instead of the real causes of friction.

 

[joeExpat]

Compared to Europe Australian tenancy rights are pretty weak, amateur landlords get away with a lot of crap. I rent in Barcelona and can give notice when I want. The owner cannot increase the rent or ask me to leave for 3 years.

 

[pursefattener]

Quote:
Originally Posted by pully
yes if resolved in that timeframe. wonder what other peoples experiences have been?
I can tell you.

Generally fluffing around before giving out notices and applying to court/tribunal, then giving the tenant chances along the way. Then even when its in court, not being prepared with the evidence required and arguments they should be putting forward to obtain a possession order as soon as possible. This goes for both PMs and private LLs.

I can't remember the last time I saw a termination application in court that was carried out promptly.

Then after its all done and dusted, usually the complaining starts to friends, family and online forums about how the "laws" are unfair.

Shrug.

Fair enough . I am still amazed at what a delinquent Tenant is able to get away with . Many property managers are also Tenants themselves and I think sympathise with a tenants problems which seems to aggravate the situation .

I wonder if the key changes to the act over the last few decades have been made by people who are also tenants themselves , rich or poor .

 

[thatbum]

I wonder if the key changes to the act over the last few decades have been made by people who are also tenants themselves , rich or poor .

The key changes get made mostly on the recommendations from tenancy groups and real estate agent groups.

I've heard of private landlord groups making submissions as well, but generally speaking, those sort of groups don't make particularly persuasive submissions - frankly because they don't have much idea about what they are talking about.

 

[pully]

security of tenure is important for peace of mind. would have no problem granting that to a tenant who demonstrates an ability to pay rent and who meets conditions in their lease.

housing those who are unable/unwilling to be responsible is a challenge often taken up by those who can provide intensive support.

 

[pursefattener]

The key changes get made mostly on the recommendations from tenancy groups and real estate agent groups

I've heard of private landlord groups making submissions as well, but generally speaking, those sort of groups don't make particularly persuasive submissions - frankly because they don't have much idea about what they are talking about.

Tenancy groups and Realestate agent groups .... So the people (investors) who put their money on the line are not taken seriously ?

I suppose that explains a lot . How can you say the act is reasonable when this is the case ?

 

[Salvatore1]

In NSW you can apply to the NCAT for arrears after 15 days, the tenant then needs to rec a letter giving them 14 days notice. Arrears would be nearly used up at this point including time for mail to get around. On the day of the hearing the member never asks for immediate termination but grants them 1-2 week to vacate. Bond at this point all used up. Then the issue of cleanliness will arise as the tenant wont have his heart in leaving it clean, more money owing! As mentioned earlier if you are worried $390 per year will protect you, lanlord insurance. Be careful who you take insurance out with as the big companies use all sought of reasons why not to pay you. Terri Scheer have always been the best to deal with. They have never turned down a claim for me. BUT after saying all that I have no issues with 99.9% of tenants and I feel the laws work best for both parties.

 

[thatbum]

Tenancy groups and Realestate agent groups .... So the people (investors) who put their money on the line are not taken seriously ?

I suppose that explains a lot . How can you say the act is reasonable when this is the case ?

Because they broadly don't know anything about the laws as they currently stand. This isn't necessarily a criticism - the vast majority don't need to as they leave it to their property managers.

Would you take someone seriously on law reform issues if they had no idea what the current laws are or how they worked?