As a property manager, ensuring a smooth tenancy is always our top priority. However, sometimes things can go wrong. Whether it’s due to non-payment of rent, property damage, or other breaches of the lease agreement, it’s essential to know the steps to take when a tenancy doesn't go as planned. At Resident Property, we follow a structured approach to resolve such issues efficiently and professionally. Here’s how we handle situations when tenancies go wrong:
Step 1: Serving the Correct Notices
The first crucial step in addressing tenancy issues is ensuring that the correct notices are served to the tenant. This includes:
Notice of Breach: If the tenant has breached any terms of the lease agreement, a notice of breach must be issued. This notice outlines the specific breach and provides a timeframe for the tenant to rectify the issue.
Termination Notice: In cases where the tenancy needs to be ended, a termination notice is served. This notice specifies the date by which the tenant must vacate the property.
It is vital that these notices are served in the correct manner and within the legal timeframes stipulated by tenancy laws. Incorrect or late notices can delay the resolution process and may result in the need to start the process over.
Step 2: Expiry of Notices and Owner Instructions
Once the notices have been served, we closely monitor their expiry dates. After the notices have expired, and if the issue has not been resolved, we consult with the property owner to determine the next steps. It’s important that we act in accordance with the owner’s instructions while ensuring compliance with legal requirements.
Step 3: Lodging with the Court
If the tenant has not complied with the notice and the owner wishes to regain possession of the property, the next step is to lodge an application with the court. This application is for an order for vacant possession or for financial compensation from damage to the property. We prepare all the necessary documentation required for this process, ensuring that everything is in order for the hearing.
Step 4: Preparing for the Hearing
Preparation for the court hearing is critical. We compile all relevant documents, including:
Copies of the served notices
Lease agreements
Records of communication with the tenant
Any other evidence supporting the case
Final Bond inspection and photos if applicable
Thorough preparation helps present a clear and compelling case to the magistrate.
Step 5: Attending Court
On the nominated date, we attend court to present the case. This involves:
Clearly outlining the issues and breaches
Providing evidence to support the claims
Responding to any questions or concerns raised by the magistrate
Our goal is to present the facts in a straightforward and professional manner, ensuring the magistrate has all the information needed to make an informed decision.
Step 6: Following the Magistrate’s Instructions
After presenting the case, we follow the magistrate’s instructions. This could involve:
Arranging for the eviction of the tenant if the court grants an order for vacant possession
Taking further steps as advised by the magistrate
Throughout this process, we keep the property owner informed and ensure all actions are carried out lawfully and efficiently.
At Resident Property, we understand that dealing with tenancy issues can be stressful for property owners. Our experienced team is dedicated to handling these situations with professionalism and care, ensuring a resolution that protects the owner's interests and maintains the integrity of the rental property. If you need assistance with a problematic tenancy or have any questions, feel free to contact us for a no-obligation consultation. We’re here to help you navigate through the complexities of tenancy management
