澳洲Australia property Giving tenants notice! | Sydney


在澳大利亚 The pool at of an IP needs to be resurfaced (or so the pool doctor says), the cost was estimated to be $10K ($10,000), after recoverying from my impresssion of a cat coughing up a fur ball, it just seems far too much. Its just a standard poo I need some advice regarding a property purchase. Property - semi-detached house Bedrooms - 2 Condition - average needs internal reno to modernise Street - one of the best in suburb Location - excellent Close to schools - yes Transport - 50m


We plan to sell one of our IP’s in the next few months and have given the tenants two months notice. They are saying that they are struggling to find another property to move into and require more time. They have been really good tenants, kept the place nice and clean, always on time with rent but we really need to get in and put the place on the market. We manage the property ourselves. The 2 months is up on the 19th January so what would others do in our position?  

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ems said: ↑
We plan to sell one of our IP’s in the next few months and have given the tenants two months notice.....we really need to get in and put the place on the market.

We manage the property ourselves. The 2 months is up on the 19th January so what would others do in our position?Click to expand...
Hi ems,


The first thing I would do is double and triple check that you have given them enough notice. If they get ***** with you, I wouldn't be surprised if you need to start the process all over again.

Normally you need to give postage time for notices, both ways. If the statutory period of notice is 60 days (once again triple check it is), then allow at least 65 days as a minimum.

Don't fall into the trap we did years ago, by giving 60 days notice, roll up on the day and the smart-**** Tenant says "we didn't receive this notice until X, and the Tenancy Advocate reckons you need to re-issue the notice again to comply with the law."

We double checked and they were right. Tenants win again.

It cost us a further 65 days, and they rubbed our nose in it all the way.

Can't complain though, many years later we used this new found knowledge to our advantage on a much bigger deal, and it allowed us to retire....so every knockback sometimes has an unknown good thing attached to it.

If at all unsure, re-issue the notice now and start the 64 or 65 day clock again. You don't want to find this out on 19th Jan.

Good luck. :)  

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Hi ema

Dazz is spot on. If you don't do this properly it could cost you months. I'd suggest you have a real good look at:
http://www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies.aspx (forms 10 and 12) and
http://www.rta.qld.gov.au/Resources/Fact-Sheets/General-tenancy-fact-sheets.aspx

Cheers, Paul  

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What state is the IP in as laws change from state to state?

If you have given them sufficient time - and I believe 2 months is more than enough to find somewhere else to live, especially if the Gold Coast - then I'd say tough bikkies ... book tribunal and sheriff if you thing you will need it to get them out.

This is YOUR property, not the tenants. You have (I assume) done everything via the law to get vacant possession of YOUR property. You need to look at this as a business, not a charity. Every tenant can come up with a sob story - it's up to you whether you buy it or not.

99% of sob stories as just BS because the tenant failed to take responsibility for themselves.  

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Thanks all!

Yes Lizzie the property is on the Gold Coast.

We delivered the notice to them on the 19th November by hand giving two months.

They want to stay in the same suburb as the kids are going to the local school. They have 8 kids between the husband and wife and I believe are just finding it hard getting somewhere big enough. Of course not my problem but it's hard as they have been the perfect tenant.  

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Why not sell it with a month by month lease, the new owner may be an investor and may want tenants in place?

Not sure about QLD but in NSW, if the tenants are on a month to month, they only need 30 days notice for vacant possession  

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I wonder if a house with two adults and eight kids would present well and help to get maximum sale price...

Call the RTA to confirm that hand delivered notice and the relevant dates is within the law and if you have done things within the right time frame you need to remind the tenants that you expect an empty house on the required date.  

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Hubby went into the property a few weeks back. Even though its clean and tidy the rooms are jam packed with the tenants belongings. It would be better for us to move in and get it ready for sale. Need to do an internal paint and there's no way we can do that with their belongings in there. It's in the higher price bracket (over $600k) so will be looking for an owner occupier most probably..  

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ems said: ↑
They want to stay in the same suburb as the kids are going to the local school. They have 8 kids between the husband and wife and I believe are just finding it hard getting somewhere big enough. Of course not my problem but it's hard as they have been the perfect tenant.Click to expand...
Sounds like the tenants haven't pulled out all stops to get another place, and/or are being particular about the type of property they want. Not surprising though when it is such a large family.

What is the suburb they are looking in? It might help your own peace of mind if you check out comparable listings in the general area to satisfy yourself that they do have alternatives, but just may not be willing to take them, or to pay for them.

If you have been happy with them as tenants, make sure they have a good written reference from you to go along with any application they make. A family of 10 might not be attractive to a lot of landlords, though in this slow market that shouldn't be a factor.  

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