Tenants have warned us that they won't be vacating at the end of their lease

[Sez]

A rent increase may suggest at tribunal that you're willing to have them stay at the higher rent and then tribunal may make a ruling that the tenant stays on at the higher rent. As tempting as it is, I wouldn't be issuing a rent increase.

In VIC it is frowned upon to make an application to VCAT prior to the vacating date on the notice. If the courts are backed up I call them first and get the OK to make an early application (approx. 2 weeks prior to the vacate date on the notice). If you don't get the OK first (I request a copy in writing) then the hearing can be thrown out depending on the member hearing.

I don't know about other states but it is quite possible that your PM is actually right!

 

[chilliblue]

A rent increase may suggest at tribunal that you're willing to have them stay at the higher rent and then tribunal may make a ruling that the tenant stays on at the higher rent. As tempting as it is, I wouldn't be issuing a rent increase.

In VIC it is frowned upon to make an application to VCAT prior to the vacating date on the notice. If the courts are backed up I call them first and get the OK to make an early application (approx. 2 weeks prior to the vacate date on the notice). If you don't get the OK first (I request a copy in writing) then the hearing can be thrown out depending on the member hearing.

I don't know about other states but it is quite possible that your PM is actually right!

I would rather a tenant paying market rent rather than one that hangs around on a lower rent.

 

[Mamaof3]

After speaking with Residential Tenancies today, they advised that under the current Act (in SA) we aren't required to give any notice if the tenant is on a fixed term lease. Doesn't really matter because our PM gave her notice 6 weeks prior that we won't be renewing (just out of courtesy).

Tenancies also said that we cannot 'pre-empt' that an eviction will be required because it may be all talk and they might move out next week at the end of their lease however, she did say unless we have something in writing from the tenant we cannot submit any eviction paperwork before the final day of their lease...

Funny that because later this afternoon the PM called to let me know that the Tenant has sent her an email stating his family will not be moving out at the end of their lease. So I instructed the PM to go ahead and lodge the paperwork.

Tenancies did say it could take roughly a month before they will be forced out depending on how busy the tribunal is

 

[thatbum]

You applied for a possession order before the end of the lease?

What if you aren't allowed to do that and the tribunal throws out your application? (and after waiting however many weeks for the first tribunal date)

 

[Mamaof3]

PM is going to attach supporting evidence (including dates of meetings with tenants and the written email from them received today advising that they will not move out at the end of their lease) to the paperwork.

Presumably (and I have asked the PM to follow up on it in a weeks time) the paperwork is processed first before it even gets assigned a tribunal date and this I guess is where we will be either told to wait till end of their lease to submit it or if they're happy they will process the paperwork and issue us with a tribunal date. It will be based on the tribunal offices' advice which we will get after the paperwork with supporting docs are submitted.

 

[Sim]

How about offering to pay their moving costs (specify a fixed amount) to help them move out?

Better that you spend a little bit now to help move them on, than potentially be more out of pocket later.

Get your PM to start a dialogue with them and find out exactly what the problem is - see if you can be part of the solution and get a win-win rather than a drawn-out lose-lose.

 

[jim1964]

How about offering to pay their moving costs (specify a fixed amount) to help them move out?

In my former life as a removalist,landlords paying the moving costs were quite common,for whatever reason,purchaser wanted vacant possession,bad tenant.

 

[Scott No Mates]

To will put a different spin on it:

If your pm has issued a valid termination notice;

The tenants have confirmed (hopefully in writing/by email) that they will not comply with the notice (hence a breach).

There should be no reason why the tribunal shouldn't give you an order for possession for the end of the lease.