Tennants behind on rent. I want to move back in. What can I do?

[Lynchy]

Hey everyone,

My tennants are about 4 weeks behind rent. They have been paying rent and a half to try and catch up but they're constantly running late with payments and it's really starting to get to me.

I would like to move back in so I can do the place up and get ready to sell due to a move to London being planned over the next 6 months.

Whats the easiest/quickest way to get them out and also how do I go about claiming the bond for unpaid rent? Can I get them out even though the lease doesnt end for another 4 months?

They're now behind the same amount they have paid in bond so I dont want to let them get further behind.

IP is self managed

Thanks

 

[Dazz]

Whats the easiest/quickest way to get them out

Go around there with a briefcase full of $ 100,000 worth of cash, and tell 'em they can have it if they move out within the next 30 minutes.


I've invariably found "easiest and quickest" is usually the most expensive.

also how do I go about claiming the bond for unpaid rent?

Refer to the relevant section of the Act that you are using already to self manage your IP.

Can I get them out even though the lease doesnt end for another 4 months?

Refer to the relevant section of the Act that you are using already to self manage your IP.

 

[tobe]

Wow, what a steep learning curve you are on.

I used to self manage, I found a manager after the tenants fell behind in the rent. Got a court date within 2 weeks and vacant possession after that.
Lost some money, but cheaper than the headache of doing it myself. I claimed back the bond, and got some on landlord insurance.

You can't give them notice to leave while they have a fixed tenancy except under specific circumstances. You can only get an eviction notice for non payment of rent after getting a court date which involves certified mail, booking a date etc etc. You cant get at their bond without a court order.

Seriously, find an agent to manage this for you, it will be cheaoper in the long run.

 

[Jen_PFR]

Hi Lynchy,

I gather from your signature that the property you're talking about is in WA. Best place to go for info is the Dept of Commerce website (tenancy section). Here's a link:
http://www.commerce.wa.gov.au/ConsumerProtection/Content/Real_Estate/Renting_and_tenancy/index.htm

As they're behind in rent, you have two choices.

1. You want them to pay rent, but stay on as tenants - issue a Form 21, which you can find here:
http://www.commerce.wa.gov.au/Consu...ms/RT21_Breach_Notice_non-payment_of_rent.pdf

2. You want them to pay up within seven days and if they don't, they are required to move out at that time. If they don't you will immediately apply to the Magistrate's Court for an eviction notice. For this you can issue a Form 1b, found here:
http://www.commerce.wa.gov.au/Consu...otice_termination_for_non_payment_of_rent.pdf

The Dept of Commerce website is full of handy info for people who self-manage in WA - I'd recommend it to anybody (both tenants and landlords).