Today’s blog post is dealing with termination and what happens in this process.  There is a lot to cover in this topic – so let’s jump straight in!

In a perfect world termination would go smoothly every single time, but that is not reality, so this blog will tell you all that you need to know, in case things don’t quite go to plan.

Notice Period – We have a separate blog that deals with the types of notices that can be delivered and the time periods that relate to these, you can read that blog here

Regular Contact – We need to make sure that we keep in contact with your tenant during the notice period.  This is to ensure that we know what is happening with them and what plans they have been able to put in place during this time.  If they are on a longer termination (90 days) our first contact will not be for at least a month after the notice has been served.  If it is a shorter period, then we will adjust our contact accordingly.  It is important that we remind tenants that they need to be gone by the end of the notice period, so that they take the notice seriously and do all that they can to be gone by the end date.  You need to trust us during this time.  We cannot do any more than this and you need to allow us to do our job

As the date looms – As we get closer to the date, we are hoping that the tenant has been able to source alternative accommodation for themselves and have been able to give us a date that they will be handing in their keys.  Remember that even if the tenant vacates by their due date, there may still be things that need to be done.  Our office needs to complete an outgoing inspection to ensure that the property has been left in the same condition as when the tenancy started.  If there are things to be done, like cleaning, after the tenant vacates, we may need some time to arrange for this work to be completed.  You might negotiate a final date with the tenant if they have found a property and just need some extra time to get themselves into the new property and out of your property.

Most of our termination notices go very smoothly, with tenants finding somewhere to move to within their notice period.  You need to trust that our office has dealt with these sorts of situations hundreds of times, and we know what we are doing.  In saying this, I cannot force someone to move and there are processes that must happen, if a tenant does decide not to what they need to, then we just need to follow the process through to the end.

Something else for landlords to keep in mind here is that this can be an exceptionally stressful time for a tenant, regardless of your circumstance.  In most cases, a termination notice is not something that a tenant is happy to receive.  Remember that not all termination notices are due to the fault of the tenant and very often the news that they have to move house is out of the blue.  They have to budget to move and that can be costly, they need to find a new property that suits all their needs and then they need to pack up, all by a due date.

Please also remember that our office is in the middle of this situation.  We are trying to achieve the result that you are wanting, whilst balancing the needs of our tenants.  This is a very stressful time for all involved and we want to be sure that this process is done with sensitivity, care and respect.  We ask that you keep this in mind in all your dealings with our office.

They don’t go!!  What happens if the tenant does not vacate the property on time?  This is when we will need to apply to tribunal for vacant possession of the property.  To apply to NSW Civil and Administrative Tribunal (NCAT) there is a cost to you, set by NCAT.  They are currently holding all their hearings by telephone and a date for the phone hearing, will be set by NCAT.  We must wait for the date and in this waiting time, a file will need to be prepared for the hearing.  There are costs to you regarding our office representing you at NCAT and we will speak with you about these costs prior to beginning this process.  When at the hearing, we will request vacant possession of the premises and NCAT will negotiate with the tenants and provide a date for vacant possession.

They still don’t go…  Worst case scenario here is that we need to get the sheriff involved.  Be assured that this does not happen very often at all and in our office, we have not gotten to this point for in excess of 10 years and in my 20-year property management career, I have only done this approximately 3 times.

This blog has not been written to scare you, but rather to educate you and make sure that you are aware of the process around termination.  As always, if you need to chat with me around this issue, you can contact me at the office on 63525125 or via email at tina.case@professionals.com.au