Tenant demands reasonable ?
- Thread starter bennido
- Start date
This is getting ludicrous .. here's the latest updates ...
Yesterday afternoon ...
The tenants were unhappy that I didn't give in and they actually increased their demands ! They asked for the power bill claims again, compensation for time taken off work to allow tradies in and also medical bills for falling sick becoz of no heater !!
That got me VERY ANGRY to say the least ! Of course, I immediately turned down the offer ...
This morning ...
The PM told them of our stance and they have now removed all of yesterdays requests ... and have now asked for 2 weeks free rent instead ! Its $200 more above my offer which isn't too bad.
But their behaviour has really ticked me off and part of me wants to say NO to even this small compromise and take it to tribunal ! But then again, this whole thing is quite stressful and a small part of me is saying give it to them to close this matter.
What do you think ? Stick it to them for being so unreasonable ? Or give them 2 weeks free rent just to close the matter ?
Also, I checked with the PM on NOT extending their lease when it expires in Jan 10. Apparently, you can't NOT extend the lease unless you have a really good reason (e.g. selling the house, moving in yourself, etc). Or else, you are actually liable for paying for their moving costs ! What a stupid rule !
Yesterday afternoon ...
The tenants were unhappy that I didn't give in and they actually increased their demands ! They asked for the power bill claims again, compensation for time taken off work to allow tradies in and also medical bills for falling sick becoz of no heater !!
That got me VERY ANGRY to say the least ! Of course, I immediately turned down the offer ...
This morning ...
The PM told them of our stance and they have now removed all of yesterdays requests ... and have now asked for 2 weeks free rent instead ! Its $200 more above my offer which isn't too bad.
But their behaviour has really ticked me off and part of me wants to say NO to even this small compromise and take it to tribunal ! But then again, this whole thing is quite stressful and a small part of me is saying give it to them to close this matter.
What do you think ? Stick it to them for being so unreasonable ? Or give them 2 weeks free rent just to close the matter ?
Also, I checked with the PM on NOT extending their lease when it expires in Jan 10. Apparently, you can't NOT extend the lease unless you have a really good reason (e.g. selling the house, moving in yourself, etc). Or else, you are actually liable for paying for their moving costs ! What a stupid rule !
Don't let them walk all over you, I wouldn't give in to them just because of how unreasonable they are. I know it's only $200 but on principle they are just being ridiculous. If you give in to them this time, then what other demands will they come up with later on. If you can't renew their lease, I would at least be increasing the rent which you are allowed to do so long as it's 'reasonable'. If they don't like it they can bugger off, which you'd want anyhow! What horrible horrible people! 
The PM told them of our stance and they have now removed all of yesterdays requests ... and have now asked for 2 weeks free rent instead ! Its $200 more above my offer which isn't too bad.
But their behaviour has really ticked me off and part of me wants to say NO to even this small compromise and take it to tribunal ! But then again, this whole thing is quite stressful and a small part of me is saying give it to them to close this matter. Just think you will eventual get your revenge
What do you think ? Stick it to them for being so unreasonable ? Or give them 2 weeks free rent just to close the matter ? Stick with the original offer. Just because they are still negotiating doesn't mean that you need /must counter offer. Conversely reduce the offer to $15pd LOL (that will wake them up)
Also, I checked with the PM on NOT extending their lease when it expires in Jan 10. Apparently, you can't NOT extend the lease unless you have a really good reason (e.g. selling the house, moving in yourself, etc). Or else, you are actually liable for paying for their moving costs ! What a stupid rule ! Absolute BS. In NSW (I think VIC would be similar) its 2 weeks notice prior to end of lease. To be save we give at least 1 month to ensure they move on. I think you may even need to consider moving PM's as this one is giving very poor advise and I suspect giving poor representation on you behalf.
If the tenant stays after the lease and goes to periodical then it will be 60 days notice to vacate with no reason.
Cheers
Tell you PM to go back and learn the legislation!!
I have just served tenants of mine an end of fixed term tenancy notice to vacate. the reason why this notice isnt used very much is a) too many PMs dont know about it b) the vacate date has to be the same date as the end of the fixed term and a lot of times the window closes when LL's/PMs decide to use this notice
End of fixed term tenancy
261. End of fixed term tenancy
(1) A landlord under a fixed term tenancy agreement may, before the end of the
term of the tenancy agreement, give the tenant a notice to vacate the rented
premises at the end of the fixed term.
(2) The notice must specify a termination date that is the date of the end of
the term.
(3) The notice must be given-
(a) in the case of a fixed term tenancy agreement for a fixed term of 6
months or more, not less than 90 days before the end of the fixed
term; or
(b) in the case of a fixed term tenancy agreement for a fixed term of less
than 6 months, not less than 60 days before the end of the fixed term.
As for "If the tenant stays after the lease and goes to periodical then it will be 60 days notice to vacate with no reason" In Victoria if the lease goes to a periodical lease then the notice period of no reason is 120 days.
i agree your PM is giving you bad advice and doesnt know her/his act very well!
It's within your right to give them the notice at least 90 days before the end of fixed term tenancy for it to terminate at the end of the fixed term without any costs for you.
http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Forms_Residential_Tenancy/$file/NoticeToVacateRT.pdf
http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Forms_Residential_Tenancy/$file/NoticeToVacateRT.pdf
What horrible horrible people!
I know ! What is shocking is that this is not a cheap rental at $400pw.
The saying that when you buy cheap properties and you get lousy tenants is not 100% correct all the time ! You get crap tenants even for more expensive properties too !
I have 2 IPs that rent for under $150 pw and I've never had tenant issues for 6 yrs ! ... touch wood of coz seeing as how my recent luck has been going ...
Don't stress, it's not worth the effort. You have been more than fair and they have been trying to take advantage of you. Don't give in, if anything reduce your offer and stand firm. I also believe that you should change PM's. Maybe your current one is enabling them, which gives them the idea that they can get away with this behaviour. Get rid of them at the end of the fixed term.
Yes, I believe you are right.
The original PM from this RE agency resigned a few months ago and her assistant has been promoted. So the former assistant is now the one I am dealing with.
She's been in the industry for a while but as an assistant I guess you don't directly deal as much with tenants (and rental law too).
I suspect being new to the job, she's unsure and bad tenants can sense fear and insecurity ! So I think you're right in that they are thinking maybe they can get away with some things when dealing with this PM !
I will definitely review my options when the lease term expires in Jan ...
if you want to use the end of fixed term tenancy NTV then you will need to review your options before Jan
ie at least 3.5 months prior. If you miss this window it makes it REALLY hard to get them out!Good luck!
Update ...
The PM spoke with the tenants this morning and they have done a 180 degree about face suddenly transforming completely their attitude !
They have decided not to go through with the tribunal process and accepted my offer of $20 pd discount. They even said they had a good think about it and is now very apologetic for raising so many problems.
WHAT A LOAD OF YOU-KNOW-WHAT !!!
They obviously tried to squeeze the most out of us and tried all sorts of methods - i.e. tribunal threats, illness claims, etc. ! ... grrr !
At least all this is over ... for now ...
The PM spoke with the tenants this morning and they have done a 180 degree about face suddenly transforming completely their attitude !
They have decided not to go through with the tribunal process and accepted my offer of $20 pd discount. They even said they had a good think about it and is now very apologetic for raising so many problems.
WHAT A LOAD OF YOU-KNOW-WHAT !!!
They obviously tried to squeeze the most out of us and tried all sorts of methods - i.e. tribunal threats, illness claims, etc. ! ... grrr !
At least all this is over ... for now ...
They probably sought advice from Dept Fair Trading, who told them they would not win because what you have offered is more than fair. I'd still get rid of them though.
They realise that you aren't going to back down and let them walk all over you, and know they never had a leg to stand on. So now they are trying to back pedal, because they realise that you control whether or not they continue living there and how much they pay! Morons, it's called karama. They've shown their true colors, they are nasty pieces of work and I'd kick them out... what goes around comes around.
I hope it all settles down and stays that way for you. I got through most/all of your updates and it seems like your tenants were being very unreasonable. Reactions/demands like this are usually partly triggered by something else going on/wrong in their lives...I've had this before with a tenant who had a run of bad luck (partly/mostly self induced I think). I also enabled him by being a little too sympathetic, flexible and lenient.
I dread the day my current PM (my 3rd in 7 to 8 years) moves on. The other 2 were good but my current one is great. From the day I met her and went into her office, I had the feeling I was going to be impressed by her and I am. The good ones can keep things going when everything is running smoothly. But the great ones source you excellent tenants, prevent most/all bad scenarios from occurring, and if something bad does happen, they manage it quicky to help prevent it from flaring up into a situation like you had.
I dread the day my current PM (my 3rd in 7 to 8 years) moves on. The other 2 were good but my current one is great. From the day I met her and went into her office, I had the feeling I was going to be impressed by her and I am. The good ones can keep things going when everything is running smoothly. But the great ones source you excellent tenants, prevent most/all bad scenarios from occurring, and if something bad does happen, they manage it quicky to help prevent it from flaring up into a situation like you had.
Hi Bennido
Sorry to hear that this has been stressful for you.
Get out your red handbook Renting a Home: A Guide for Tenants and Landlords which the PM gave you as Landlord and read it.
http://www.consumer.vic.gov.au/CA25...ng+a+Home:+A+guide+for+Tenants+and+Landlords~
This is a summary of Residential Rental Rules and Regulations in Victoria.
It sounds as if you have had no guidance from your Property Manager at all, and have become embroiled in a senseless situation.
If need be, take the matter to the Tribunal. That way, an impartial Panel Member will make a decision binding on both parties. This would be better than this silly bickering which is obviously upsetting to you and most likely, very upsetting to the tenants as well.
Of course you don't have to continue the lease.
You can give them appropriate notice 'For No Particular Reason'. It's your property, after all.
And perhaps you may consider having a talk to the Licensed Estate Agent at the agency. Your Property Manager sounds ineffectual at best and incompetent at worst.
Change of tenants, and perhaps a change of property manager, too. There are plenty of good ones around who actually respect and show consideration for their customers, the landlords.
Best wishes
Kristine
Sorry to hear that this has been stressful for you.
Get out your red handbook Renting a Home: A Guide for Tenants and Landlords which the PM gave you as Landlord and read it.
http://www.consumer.vic.gov.au/CA25...ng+a+Home:+A+guide+for+Tenants+and+Landlords~
This is a summary of Residential Rental Rules and Regulations in Victoria.
It sounds as if you have had no guidance from your Property Manager at all, and have become embroiled in a senseless situation.
If need be, take the matter to the Tribunal. That way, an impartial Panel Member will make a decision binding on both parties. This would be better than this silly bickering which is obviously upsetting to you and most likely, very upsetting to the tenants as well.
Of course you don't have to continue the lease.
You can give them appropriate notice 'For No Particular Reason'. It's your property, after all.
And perhaps you may consider having a talk to the Licensed Estate Agent at the agency. Your Property Manager sounds ineffectual at best and incompetent at worst.
Change of tenants, and perhaps a change of property manager, too. There are plenty of good ones around who actually respect and show consideration for their customers, the landlords.
Best wishes
Kristine
And i will be the first to agree with you!
Now that you have fed the fox, what will be NEXT!
My whole thought about this as I read the thread was a simple 10% discount off one month's rent.
That's $175 off next month's rent bill.
Take it or leave it.
Then check with the PM when the lease expires and make sure they get a vacation notice at the end of lease.
You will be moving in yourself.
Of course, it's amazing how your life plans can change right at the last minute.....
