Should I ask the tenants to leave?

[kathryn d]

Thanks for your opinion Doovalacky. I believe it will impact the vals hence the decision.

As I said, the tenant were happy to renovate the property but they just wouldn't show up for appointments. One of the painters who quoted me came from Upper North Shore to Western Sydney and stood outside for 30 minutes trying to call the tenants who did not respond to the phone etc. At least have the courtesy to say they are either unavailable and/or no longer able to accommodate the works. Just come clean and honest. I would have appreciated their honesty over gaining time, which has been three months plus to date.

The problem you may have now,they may refuse to move, or argue any increase in rent ( stating you are trying to force them to move) , and state you are using retaliation because they chaged their mind about having their lives disrupted.
They probably have a pretty good chance of winning.

I'm rarely pro-tenant, but in this case...I would agree with them.

 

[fullylucky]

Redwing it was for fullylucky whose constantly posting negative stuff and saying it's constructive.

He is mistaken about my intention to 'blame' the tenants. No blame at all. Purely asking for responsibility. However I'm not here to justify the fact that I take responsibility for my choices.

I'm not a brick wall. I am open minded to your views.

You think the tenants are being rude and should respect your time, if they weren't going to be home they should have contacted you so you could have called the PM to go on site or reschedule the painter etc.

Guess what they are tenants they don't care about you or your projects if it doesn't help them they won't care...

Deep down you wished they put in a reminder in their phone and notify them 1 day before the event and then 1 hour before the event. but in reality they probably toss the letter aside and totally forgot about it.

you want to punish them for making a very human mistake. not everyone is as organised as the rest of us...

not answering their phone... you shouldn't jump to the worse case often people are swimming or in a cinema or a meeting or some place and didn't carry their mobile with them. or have it on silent and in their bag or playing tennis inside their bag or in flight mode.

you are doing an eye for an eye with this threat to evict and loss of rent which results in a lose-lose situation. instead you should try to look for a win-win situations which is what everyone on the thread have suggested. (give them free rent) but i still think what i recommended was better. not give them free rent but ask the PM to go instead. to give them access...

 

[TMNT]

The problem you may have now,they may refuse to move, or argue any increase in rent ( stating you are trying to force them to move) , and state you are using retaliation because they chaged their mind about having their lives disrupted.
They probably have a pretty good chance of winning.

I'm rarely pro-tenant, but in this case...I would agree with them.

unless its different by state, as a landlord, as long as its at the end of the lease or a month to month, has the right to evict their tenants for whatever reason they wish, whether it be, landlord woke up on the wrong side of the bed, or landlord had a flat tyre, as long as you give the required notice

 

[fullylucky]

unless its different by state, as a landlord, as long as its at the end of the lease or a month to month, has the right to evict their tenants for whatever reason they wish, whether it be, landlord woke up on the wrong side of the bed, or landlord had a flat tyre, as long as you give the required notice

yeah TMNT is right. don't need to even give a reason. if you really don't like the tenants just tell them to leave. in QLD i think it's 2 months notice.

but i giving them more time gives them more time to do bad stuff to the house.

if you can think up a reason that is related to OH&S and / or not paying rent then you can get them to leave much sooner than 2 months.

 

[vaughan]

There are some things that require APPROVAL from the tenants. There are some things that only require the tenants be given NOTICE and their approval is not required.

These things are stated clearly in the tenancy act.

Approval from the tenants is not required for get access for repairs and maintenance, but notice needs to be given.

I cannot understand why trades people would be left wasting time waiting outside a property. They do not need the tenant's approval to perform their work if the required notice has been given.

Am I missing something?

 

[weg]

Am I missing something?

The painting would not come under 'repairs or maintenance' according to the tenancies tribunal (it's more a non urgent renovation you do between tenants), hence why approval would be required.

 

[fullylucky]

The painting would not come under 'repairs or maintenance' according to the tenancies tribunal (it's more a non urgent renovation you do between tenants), hence why approval would be required.

OP already stated notice was given and approved obtained... just that tenants say one thing but did another and totally forgot about giving access or did it on purpose...

 

[weg]

OP already stated notice was given and approved obtained... just that tenants say one thing but did another and totally forgot about giving access or did it on purpose...

I responded to a poster who wondered why the OP didn't just give notice but sought approval instead.

You're saying the OP gave notice and the tenants didn't allow access.

That was not my understanding but could have misunderstood.

 

[MIW]

Thanks Dave. But if they agree with PM and don't show up and I get charged the fee - what can I do? Wary of that as the painter's PA has warned me about this.

I was even happy to give them rent free week but before I could offer that they had agreed and showed extreme "keenness" as per the PM.

MsAli,
The PM has access and the spare keys, no?
The PM will notify the date and time of the painter coming and permitting access via PM if the owner in not present. A notice should be sent to tenant in writing and verbal and stated that if no reply is made than the tenant permits the painter to access and do the work on such a day at such a time via PM's spare key ....

I had similar issue for some maintenance required and that's how we handled the issue...
I hope that helps.

 

[BayView]

I agree, Wylie. Ms Ali, if the area has risen in value over the past 6 to 12 mths or so, valuers will look at the comparable sales and value your place accordingly.

They're more likely to look at the location, size of land, number of bedrooms, car parking, number/size of living areas and general lay out rather than whether the place needs a repaint.

I wouldn't waste your money or interrupt your cash flow (by moving tenants on) to have your ip painted in the hope for a better valuation.

All the best with it,

Regards Jason.

What he said.

I hope this is not telling you to suck eggs (it isn't) but before calling a valuer, do a bit of reconnaissance yourself on similar recently sold properties in the immediate area.

This way you'll get a better idea of what the most recent value is...this is basically what the valuer will do anyway, and maybe save a few hundred dollars and time.

He/she may add a bit more for extra features the others don't have....but it's an IP, so I'd assume not likely in most cases.