All Topics / Help Needed! / Tentant in arrears – Notice to vacate question

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  • Profile photo of lopethalopetha
    Participant
    @lopetha
    Join Date: 2007
    Post Count: 82

    Hi all,

    Ive currently got an IP which the tenants are constantly paying the rent late from the time they have moved 5 months ago. They seem to be paying in dribs and drabs and are constantly short but not short enough of the 14 days for a letter to vacate to be issued. Reminder letters have been sent on numerous occasions without much luck. Finally last week they were more then 14 days behind and a letter to vacate was issued. I was just wondering what happens now if they dont decide to leave and it goes to the tribunal?

    The tenants have advised that they cannot afford to pay up the arrears in full and can only afford $50 extra per week to make up for it. I would prefer not to accept that as its going to take well over 6 months for me to make up for the arrears if that happens and thats assuming they keep up to their promise. Just after advise on what else I can do here? Will the tribunal accept their $50 a week extra and allow them to stay? Will they push for more? What grounds do I have to not accept that? Personally I would prefer that they pay at least an extra $200 a week to make up for the arrears or they just leave and I keep the bond claim the arrears and other costs on the landlord insurance?

    All input appreciated.

    Thanks in advance.

    Profile photo of ducksterduckster
    Participant
    @duckster
    Join Date: 2004
    Post Count: 1,674

    I had a similar tenant but they approached the real estate property manager with a payment plan that was written out. The payments were not regular with one month stated as no payment and the next month a double payment. I accepted that the tenants were not getting a regular wage and accepted the written payment plan and the tenants stuck to it exactly as planned.

    Do not know what will happen with the tribunal

    If you push too hard your tenants might abandon the property and do a runner and you get just the bond money.

    Do they pay monthly ?
    As a weekly deduction might be easier for them to budget for the rent payment as opposed to a monthly payment.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I would suggest you do a google search of the tenants union in your state. These organisations offer advice to tenants on their rights in situations like this and they have lots of good info – all good stuff for landlords too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    https://terryw.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://Terryw.com.au/

    Profile photo of lopethalopetha
    Participant
    @lopetha
    Join Date: 2007
    Post Count: 82

    Thanks guys. The tenants are meant to be paying monthly but seem to be paying in dribs and drabs all random amounts in hope that they will make the monthly repayments by the end of the month.

Viewing 4 posts - 1 through 4 (of 4 total)

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