All Topics / Help Needed! / First real hiccup
Our tenants advised recently they wanted to break their lease 4 mnths into a 12 mnth agreement.
When allowing them to break the lease we insisted they be responsible for rent until a new tenant was found and all letting costs to which they verbally agreed.
They have since left and paid no rent after vacation date. We have witheld all letting costs from bond. It has taken some 6 weeks to find a new tenant but we have finally got one at a reduced rent.
Old tenants refuse to pay rent owed based on the length of time it took to get a new tenant and they feel we didn’t advertise enough.
Once the property was finally ready after cleaning delays etc we advertised extensively on website and periodically in the press.
Amount owed is significant not substantial – any further steps we could take to regain lost income?
Cheers
Matt
Let me guess you manage this property yourself.
It should already be written into the lease what they have to pay if they wish to break it signed by them when they took the property, not a verbal agreement when they want to leave.
Secondly where is your insurance for the occassions when tenants leave without paying their rent?
Maybe this highlights the benefits of using a PM.Take them to the administrative appeals tribunal, you could get awarded that they owe you money, you then put it in the hands of a debt collector – for a small percentage they will chase them and collect for you.
Terryw
Discover Home Loans
North Sydney
[email protected]Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
When I broke a lease managed through a RE, I had to pay rent AND advertising until they found a new tenant.
I rang the PM every day though until he did!
Hi Matt
You’re entitled to any property related loss incurred by the tenants breaking the lease provided you made a reasonable attempt to re-let the property. You can claim lost rent, cleaning, ads, lease preparation fees, agents re-let fees. But even if you are awarded orders for them to pay, you still have to collect it.
If they are persons of substance, the Sheriff does a great job, go ask them how to empower them to collect for you.
Without substance, give it a miss, too much drama, no money. hope it works out.
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Thanks for all your info.
Property was managed by us originally.
Now have a PM in place – she is fantastic, new tenant moving in this week.
Have lodged a notice of dispute with our Residential Tenancy commissioner and if we get a ruling in our favour will look at your suggestion Terry – very interesting.
Needless to say we have learnt a lot in a very short space of time.
Thanks again
Matt
Erika,
Just for your info the coverage we have with CGU does not cover loss of rent in this instance – did make the inquiry though.
Thanks
Matt
Although at first glance a PM’s fees seem a bit high, maybe the real cost to you of your time, emotional attachment, dispute resolution and general well being are well worth the money.
They do the footslog every day. Always let someone who does a job daily do the hard work for you. What they do easily takes you twice as long and with less results. I always surround myself with people that are great at whatever they do and am happy to pay them.
Your time is better spent finding those deals rather than wondering if a tenat has paid each week. Use your valuable time to best advantage.
DD
Don’t sweat the small stuff,and it’s all small stuff!!
We did contact the Residential Tenancy Commisioner here in Hobart only to be told that they only handle disputes lodged by tenants not owners/landlords.
So down here Tenants have recourse against landlords via Tenants Union and Residential Tenancy Commissioner.
Are their any bodies, groups, agencies that assist landlords or is that what we should pay our lawyers to do?
Also can a debt collection agency be involved here when no official ruling has been made?
Cheers
Matt
Go Brissy!!
Am a bit concerned that Terryw is suggesting you apply to the Administrative Appeals Tribunal.
This tribunal deals with appeals by persons affected by decisions made by Commonwealth governemnt departments and agencies (such as a decision to refuse to pay Social security or refusal to commute a pension entitlement to a lump sum, decisions of the Australian Taxation Office and decisions to cancel or refuse an Australian visa on the basis that the visa applicant is not of good character).
Ajax
Ajax, your right!
I meant to write the “Victorian Civil and Administrative Tribunal”.
Sorry
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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