Tenant not vacating

D

dolby

Hi,

I have an IP whereby the lease agreement has expired and we have issued a notice to vacate. This is about a month ago and the tenants are simply not vacating.

The property is self managed and we have engaged a solicitor but they have effectively said not can be done.

Has anyone been in this situation? Is there anything that can be done to vacate this tenants?
 
Why would the solicitor say there is nothing that can be done?

Why wasn't this the normal situation where you apply to tribunal for termination orders if the notice to vacate wasn't complied with?
 
Have a read of the following:

http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Being_a_landlord/Ending_a_tenancy.page?"]http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Being_a_landlord/Ending_a_tenancy.page?

If you still have questions ring the Department of Fair Trading (if a NSW property 13 32 20 between 8.30am to 5pm, Mon - Fri) and they will walk you through the steps that you need to undertake.
 
Ok so say we go to tribunal and they say that they tenant needs to vacate. What actually encourages or "makes" the tenant vacate?

These guys are nightmare tenants and I just doubt that a tribunal or any written notice is going to get them to move.
 
dolby said:
Ok so say we go to tribunal and they say that they tenant needs to vacate. What actually encourages or "makes" the tenant vacate?

These guys are nightmare tenants and I just doubt that a tribunal or any written notice is going to get them to move.
Click to expand...

The sheriff.
 
Like Terry said, you can get an order of eviction & the sheriff will go with a locksmith & change the locks on them, but you've got to follow the process with all the relevant notices first.
 
Realistically you should expect it to take 2-3 months from applying to tribunal to getting the sheriff in there. That's if the tribunal member makes the termination order and doesn't extend the timeframe for them to leave for whatever reason.

Good luck.
 
beachgurl said:
Realistically you should expect it to take 2-3 months from applying to tribunal to getting the sheriff in there. That's if the tribunal member makes the termination order and doesn't extend the timeframe for them to leave for whatever reason.

Good luck.
Click to expand...

Yep, we had this problem last year. The tenant was given extensions twice by the tribunal before we were finally able to get the sheriff in there. Even the poor sheriff couldn't manage to get them out on their own and the local police had to be called for back up to actually physically remove the tenant from the property. I don't envy the OP :p
 
Just ensure that all the notices requesting vacant possession have been issued correctly and that you have attempted to mediate prior.

To do that, read the act or the website I supplied and look through your documentation to confirm.

If you are comfortable that you have acted appropriately, then make an application to the tribunal.

I would also be reviewing my insurance policy to confirm what I am covered for and what excesses are in place.

Best of luck.
 
Hi guys, not meaning to hijack the thread but I have a similar problem. My tenant is on a periodic tenancy, I?ve given Notice to Vacate but they basically said only a Warrant will get them out, which means going to VCAT. If they?re on a periodic tenancy can I get a Warrant without going to VCAT?
 
I feel your pain, I am also going through a very similar process

What I have learnt so far-

You need to apply to Tribunal within 30 days after the date to vacate specified in your termination notice.
This has been a 3 week wait for tribunal date.
Then a possession order should be obtained from tribunal, which will most likely give the tenants another 1-2 weeks to vacate. (possibly longer if they have kids?)
If the tenant still does not vacate you need to obtain a warrant for possession from the Tribunals registry and have it enforced by the local courts sherrifs office.

It does seem to be a very long process so I think the best thing you can do is follow the correct procedures ASAP and remember that tenants are not all this bad, it can be very disappointing and has made me question why I am investing, its all part of the game. Good Luck!
 
zed_kid said:
Hi guys, not meaning to hijack the thread but I have a similar problem. My tenant is on a periodic tenancy, I?ve given Notice to Vacate but they basically said only a Warrant will get them out, which means going to VCAT. If they?re on a periodic tenancy can I get a Warrant without going to VCAT?
Click to expand...

I would apply to VCAT without delay
 
What are the repercussions for the tenants if I take them to VCAT? Their lease expired, I didn?t renew, gave them 14 days to vacate notice, I feel like the onus is on them to take me to VCAT or move out peacefully. I?m not terminating their lease agreement so why should I take them to VCAT?
 
zed_kid said:
What are the repercussions for the tenants if I take them to VCAT? Their lease expired, I didn?t renew, gave them 14 days to vacate notice, I feel like the onus is on them to take me to VCAT or move out peacefully. I?m not terminating their lease agreement so why should I take them to VCAT?
Click to expand...


Zed, are you self-managing? ( from Dubai? ) If not then your pm should handle it.

In NSW you must give 21 days notice if the lease is within the term otherwise 90 days. Where do you get 14 days?
 
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