Thanks for your comment – Tenant asked for posponment – overseas on holidays.  As "goodwill" i supported application.  This gives me more time to do some homework.  I disagree with your statement.

I have downloaded a full copy of residential tenancy act(NSW) and it runs into something like 70 odd pages – not the 4-6 pages you  get through agents.  I believe a "fixed term lease" is exactly that – it confirms it under section 3 of the act, as does "tenant", "landlord" and "tenancy agreement".  I believe the tenant has breached sec 53 subsection f and g "A residential tenancy agreement terminates only in one or more of the following
(f) if the tenant abandons the property;
(g) if the teant delivers up vacant possession of the premises WITH THE PRIOR CONSENT of the landlord, whether or not that consent is subsequently withdrawn.  I certainly did not give prior consent.  Nor have I breached any part of the lease.
So that is what i will go to the tribunal with.  You cant have tenants breaking fixed term leases – it sends the wrong message, that you can go around and break contracts, go through tribunal and win.  It is the same for landlords.  I do agree with you that "depends on who is on the tribunal", I have been told this by a couple of agents, who have lost "certain tenancy breaches by tenants" and the rich landlord can mop up the damages, as they can afford it!!!

Im a property manager in Victoria, and i believe the tribunals run reasonably the same…

If a tenant has signed fixed term agreement, this must have a clause in it stating that they are responsible for break lease fees if they do so. This can include a letting fee, rent until a new tenant is found and advertising costs.

HOWEVER – tribunals are very swayed in the tenant's opinion (despite the cynical view that we scratch their backs, they scratch ours…) and so any clauses added by a landlord/agent can be thrown out by the tribunal. It depends entirely on the member that hears the case. If the tenant doesn't turn up this is also a bonus. Make sure you have sent all notices, including notice of the hearing by registered post.

Good luck!

For the sake of 5-6%, why are you tring to manage the property yourself?

Instead of spending the weekend checking whether the tennants have paid rents, it's better to spend your time scouting out a new deal.

Let someone else have the headache dealing the property and you're better off managing the PM and enjoying your weekend.

Happy Investing.
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Whilst I have enjoyed good PM's – I think the charge of 8-9% is money I could have in my pocket. It works out approx $240-$270 per month.  Yes it is tax detuctible – but you still have to find that money every month.  I have a good relationship with my tenants, and I feel that it is not "Me – Them mentality".  My payments are done electronically, (internet banking) and touch wood , it appears to be ok at this stage.  I feel if I do my own inspections, I can see for myself how my properties are being looked after.  I have been in after my PM done inspections – and have been far from impressed.  Plus my tenants dont have to physically go to the bank withdraw monies then find a car park, and finally pay the PM.  The tenants appear to like this as well.  A couple of keystrokes and the money is in my account.

Being a shiftworker, sat and sunday's are just another day.  I personally like the hands on, and be in control of my properties, instead of other people.  Still havent got any Database numbers.  Anybody able to help!!!!!!!

With today's interest rate rise – we all have to tighten our belts.  SO i dont think, I will be out scouting for new property.

Regards

Qbnjuggernaut