Victoria Notice to Vacate and paying rent on time

[Mitty]

Hi all,
Noob landlords here. We've had some problems with our tenants paying rent on time, the only time they've actually done it was when they first moved in. From that point on each month has been a drama with excuses of problems with bank transfers etc, though miraculously rent always seems to appear at the 11th hour of when we would be able to evict them.

This month is a different story, they have paid close to the correct amount but not quite, so the 14 day rule doesn't seem to apply, the only out for us is to give a notice to vacate for no reason which is 120 days.

The seem to either be very stupid (why pay just short of the right amount?) or playing us for fools (I'm inclined to believe this).

As well our agent has not been exactly pro-active about this but that's probably an issue for another thread!

Does anyone have any advice... would there be anyway of getting them out quicker than 120 days in Victoria?

I know this is hardly a horror story as we've always gotten the money eventually, but I guess it would be nice not to have to worry each month about when the next payment will arrive.

Any and all advice appreciated

 

[Alabex]

some tenant do play the system... always delaying and delaying until the 11th hour.... we have several 'known' offenders, never really found a way of fixing the problem. We have tried everything.. calling every day, sening day before reminders, getting performance orders from tribunal.. .nothing seems to make a differnence.

 

[The Y-man]

Several possible "costs" associated with 120 day notice:

1. check the conditions on your landlord insurance - make sure rent is up to date PRIOR to giving 120 day notice (next point explains why)

2. upon receiving 120 day notice, expect the tenant not to pay any further rent. This will probably need to be recovered from bond and insurance (if applicable)

3. upon exit, expect some (serious) "cleaning up" at property. This will probably need to be recovered from insurance.

Good luck.

The Y-man

 

[gerd.]

2.upon receiving 120 day notice, expect the tenant not to pay any further rent. This will probably need to be recovered from bond and insurance (if applicable)

You little ripper you can then get eviction for non payment of rent.

Gerd

 

[Sheryn]

Mitty


I have had not previous experience with tenants not paying (touch wood) BUT I would evict/give notice to any tenant if their habit of not paying till the 11th hour was repeated frequently and caused me stress.

Cut your losses QUICKLY...


Regards
Sheryn

 

[Mitty]

Hi all,
Thanks for the advice and suggestions. The rent has now been paid (and some in advance... a pleasant surprise). We've also switched from one PM at the agent we use to another, so hopefully this may make some difference.
Depending on how they improve will decide for us if we let them stay on after the lease expires, and how much we raise rent etc etc.

 

[YLC]

Hi all,
Noob landlords here. We've had some problems with our tenants paying rent on time, the only time they've actually done it was when they first moved in. From that point on each month has been a drama with excuses of problems with bank transfers etc, though miraculously rent always seems to appear at the 11th hour of when we would be able to evict them.

This month is a different story, they have paid close to the correct amount but not quite, so the 14 day rule doesn't seem to apply, the only out for us is to give a notice to vacate for no reason which is 120 days.

We had the same issue with current tenant. Only paid the first month on time. From then on, every month late and short. Couldn't do anything before it's 14 days late again but the tenant was so clever, always pay some money before that 14 days. We even try to apply twice to have hearing at VCAT but it didn't work because the tenant just paid before the hearing. More than 3 months ago the PM advised the tenant that we won't renew the lease and if he finds something to move out and break the lease. Glad the lease is up and the tenant has to move out. The tenant asked for an extension and we said NO. We may have to go to VCAT again. In the process of changing PM.

 

[marg4000]

3. upon exit, expect some (serious) "cleaning up" at property. This will probably need to be recovered from insurance.

Check with your insurance.

We faced the possibility of a landlord's claim when the tenants had our IP in a shocking condition. We were looking at considerable rubbish removal. Not happy when we found our landlord's insurance did NOT cover cleaning costs or rubbish removal.

Fortunately tenants came good, no happy at lease not being renewed (!!) but left the property clean and tidy.
Marg

 

[badcliq]

Check with your insurance.

We faced the possibility of a landlord's claim when the tenants had our IP in a shocking condition. We were looking at considerable rubbish removal. Not happy when we found our landlord's insurance did NOT cover cleaning costs or rubbish removal.

Fortunately tenants came good, no happy at lease not being renewed (!!) but left the property clean and tidy.
Marg

If your tenant is on a fixed term lease, you can give 60 days notice to end the fixed term lease on the lease end date. Don't have to wait 120 days.

Otherwise, engage a sales agent, put your property on the market (for minimal fees), give 60 days notice (i think) as property to be sold.

You never know, you might get a good price for it while trying to sell

Short paid rent, can be translated as arrears for some members of VCAT. Tried it before. Some agreed, some not. As the lease agreement clearly says XX amount of rent in advance each month. If they do it continously, you might be lucky.

 

[aeidavies21]

If your tenant is on a fixed term lease, you can give 60 days notice to end the fixed term lease on the lease end date. Don't have to wait 120 days.

Otherwise, engage a sales agent, put your property on the market (for minimal fees), give 60 days notice (i think) as property to be sold.

You never know, you might get a good price for it while trying to sell

Short paid rent, can be translated as arrears for some members of VCAT. Tried it before. Some agreed, some not. As the lease agreement clearly says XX amount of rent in advance each month. If they do it continously, you might be lucky.

Just dont forget if you put the property on the market, you cannot re-tenant it for 6 months without an application to VCAT.

 

[ffc1883_1996]

Hi Mitty,

Is there a routine inspection due soon? Perhaps you may find the tenants to be in breach of another duty provision related to condition or damage which might lead you down the path of a 14 day notice to vacate under section 249 of the Residential Tenancies Act.

If you want them out at end of a fixed term tenancy agreement (term >6 months), you can serve notice to vacate not less than 60 days before the end of the term (section 261).

If the tenancy is not a fixed term agreement, you can serve a 120 day notice to vacate. Meanwhile, your PM should keep chasing rent and conduction routine inspections (section 263).

Where is your property? There may be some suggestions from other forumites who may know excellent PMs in your area that could tackle the problem for you.


Good Luck - Ben

 

[jasper]

I agree with Ben, give 60 days to coincide with end of lease date if possible. Never forget that a 120 day notice can be a dangerous thing if a judge determines it to be retaliatory.
Best of Luck Jasper

 

[gerd.]

RESIDENTIAL TENANCIES ACT 1997

http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/

Gerd

 

[Xsells]

Stick the rent up.. Put the property on the market for sale and have it open everyday. They might just leave.

You can make a general application to VCAT, and see if the memeber will give you an order for them to pay on time... That way, if they don't, they are in breach of a VCAT order.

Does the property need renovating - 60 day notice if it does, but you need the quotes and the scope of the works before you issue it.

Get a better Property manager!!!!

Sometimes tenants push the rules and there is not much you can do

Chris
Xsells Real Estate
9375 7600