Signed new contract but no money handed over

[Adelaide]

Hi,
My IP is in WA.
New tenant signed the tenancy form but hasn't come up with the bond or rent so not moved in. Was supposed to move in last week. Can't get the centrelink loan for it and she is not answering my messages.

I'm readvertising for new tenants.
Is there something I need to do to make the last contract null and void?

 

[Scott No Mates]

They've found something else, move on and don't waste any more time.

Always take a deposit - this has just cost you $$

Treat it as a lesson learnt.

 

[wylie]

Does the first tenant hold a copy of the lease signed by you?

 

[Xenia IM]

careful - lease is still valid.
you need to seek termination by tribunal order.

you will not be able to make an insurance claim as technically the lease was in arrears at beginning of lease which will void any insurance policy.

 

[Adelaide]

Yes she has a copy. She's not in the house.
Still not been able to come up with the bond and rent. She approached Dept of Housing for it and they needed the lease in order to process it. But they rejected her because she already has a debt with them.
She is trying another couple of methods to get the bond.

Thanks for the heads up on the insurance.

 

[Adelaide]

Tenant has bond together now. Just need 2 weeks rent and she will have that next Wednesday.
Can we adjust the contract for a new starting day?

 

[Kinnon Bell]

Do you even want a tenant in there that can barely scrape together the bond? Let alone meet her rent repayments every week.

 

[wylie]

I would wait until she is in arrears and send the breach notices to start the ball rolling to get her out. It depends on the rules in different states as to the correct procedure to follow but she holds a valid lease so you must work within the rules of the lease. She doesn't have to move in but she does have to pay rent. As soon as she passes the breach deadline, breach her.

If she pays up you have to wait for her to slip behind again and breach her again. I am not sure whether no bond paid can be a trigger to send breach notices. Check with the relevant authority in your state.

Simple way could be to ask her if she wants to tear up the lease? She might be happy to look elsewhere.

 

[j_p]

Interesting, keep us updated on how things turn out.

 

[Xenia IM]

Adelaide

the lease contract needs to begin from when signed not when she has moved in.

Whether you want them or not, the contract is valid.
great that she has the bond now.

Ensure you have nothing else but terri sheer insurance on this as most other policies will be void given the situation. TS can be claimed if the tenant manages to establish a history of paying from now on.