Tenant given notice to vacate - won't return calls

[beachgurl]

My agent gave my tenant a notice to vacate as they are problematic - they pay their rent but have the place in a terrible condition and I suspect they are subletting or have many more people living there than on the lease. I changed PMs early this year as the previous one wasn't interested in sorting the issues out and this new agent recommended we let the tenants go.
The agent has been unable to contact them since the notice was given. Does the tenant have the right to stay on at the property based on them not receiving the notice? In the past they've claimed multiple times that they haven't received rent increase letters and periodic inspection letters.

Is this one of those fun situations where the owner just has to suck it up and cross fingers the tenants play fair or is there something more that can be done to ensure they go? I initially asked if the notice to vacate letter could be sent via registered mail so we had evidence of receipt but my PM said this is not allowed.

 

[Propertunity]

In NSW there are many acceptable ways to serve documents on a tenant:
1. By hand, in person
2. To the tenant's address (allow 4 days in post)
3. By hand to the tenant's address
4. By fax to their workplace

If no response, then your PM will just apply for a hearing at the Tribunal. If the tenants do not attend and the magistrate orders a vacate, then the next step is that the Sheriff goes around with a locksmith - possessions are put out of the house and the locks changed. You just need to follow the correct practice as laid down in the Act & Regulations.

 

[Salvatore1]

Has your agent tried visiting the property and knocked on the door? That would be my next step, even if was after hours or on a Saturday morning. I also had a few tenants every now and then state they never rec my letters of inspection so I now email all off them 2 days before inspection day with a reminder (this is after I send them a letter 2 weeks prior). Working exceptionally well.

 

[Lil Skater]

I agree with Salvatore, serve a notice of entry and go to the premises.

Also Propertunity has hit the nail on the head, next step is tribunal.

I'm surprised registered post isn't allowed, we so that in Vic and it's considered served!

 

[Deltaberry]

Throw their stuff out and lock them out. Oh yea

 

[TMNT]

Throw their stuff out and lock them out. Oh yea

hell yes, youve given them notice, if they want to stick their head in the sand, lock them out, and throw their stuff out and readvertise immediately

 

[EN710]

hell yes, youve given them notice, if they want to stick their head in the sand, lock them out, and throw their stuff out and readvertise immediately

I really hope it's allowed, would have done so immediately

http://www.fairtrading.nsw.gov.au/f...ng_a_tenancy/Giving_a_termination_notice.page

If you give notice and your tenant does not vacate by the due date the only action you can take is to apply to the NSW Civil and Administrative Tribunal for a possession order. You cannot forcibly evict the tenant yourself or take action such as changing the locks or cutting off the water or power supply. Heavy penalties and compensation could be payable if you do.

 

[TMNT]

I really hope it's allowed, would have done so immediately

http://www.fairtrading.nsw.gov.au/f...ng_a_tenancy/Giving_a_termination_notice.page

Well that sux!!!

As usual it's so biased to the tenant

 

[Sez]

It's not at all unusual for tenants to ignore a problem and hope it goes away. One thing I tend to do with these tenants is send them a reminder letter once every 2 - 3 weeks reminding them of the vacate notice as per the notice to vacate and I send that copy to every single place I can (email, fax, letter etc.). I also send this registered post every second time but I'm in VIC where I can! The reminder also contains a cleaning checklist of things they must do when moving out and a copy of their rental ledger to use when applying for other properties.

If you keep on nudging them toward the door they will hopefully go. Obviously when the time is right if the tenant hasn't vacated then we next go to tribunal (in VIC the most common issues with tenants moving out is a 90 day notice or a 120 day notice so it takes some time).

 

[MichaelGilbert]

My tenants in NSW always paid the rent but had about 4 or 5 different adults living in the house (3 generations!) which was just far too much wear and tear on the house. Given it was going to be 'hard' to get them out for breaking the lease yet they were not destroying the house I gave them a another fixed lease (to get them off periodic lease) then towards the end of the lease I gave them a end of lease notice. No hard feelings, job done. But yes it took time. Perhaps a don't try this at home clause here might be important.