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Your tenants are in breach, what happens now?
What is a breach?
“A breach of lease occurs when a tenant does something prohibited by the lease or fails to do something required
by the lease.” ( Rta Website)
What happens now?
When your tenant is in breach of their lease, a Notice to remedy breach will be issued and emailed directly to the tenants.
You as the owner will be contacted shortly afterwards informing you a Notice to remedy breach has been issued.
All breaches have a 7 day time frame.
Notice to Remedy Breach
A Notice to Remedy Breach (Form 11) Please click form11 for an example.
Notices to Remedy Breaches commonly issued to tenants for:
Lawn and Garden Maintenance
General up keep of property
Damage to property
Unauthorised pets on property
What happens if they remedy the breach?
Yay your tenant has remedied the breach within the 7-day period.
A thank you sms is sent to the tenants and you will be contacted that all is OKAY!!. (Some breaches will require us to attend the property to ensure the breach has been remedied.)
However, even though a breach is remedied it remains on their file. (If they breach the agreement in the same way more than twice in a 1 year
period, on the third time the lessor/agent can apply directly to the Tribunal to end the tenancy.)
What happens if they don’t rectify their breach?
If a breach is not remedied in the required time, a Notice to leave is issued.
What is a Notice to Leave :Form 12:
This is an enforcement notice to terminate the current lease and remove the tenants from the property.
Who covers cost.
All cost associated with getting the property back up to standard will be covered by the bond until exhausted. Cleaning, advertising Etc.
Please be aware that if costs exceed the bond you will be liable for these costs. However, if you have a suitable landlord insurance policy these cost could be covered by them.
If the total cost exceeds the bond amount a compensation claim can also be lodged with the courts.
What are the costs?
Court Attendance fee $500 + GST fee.
Form lodgement costs
Cleaning and carpet cleaning
Rent from time o f removal to new tenant
Locks replaced and new keys
Tenant vacates at the expiration of Notice to leave.
If the tenant vacates at the expiry of the Notice to leave, then the normal vacate procedure will happen which may see the tenants receive their bond in full.
Tenant does not vacate at the expiration of Notice to Leave:
If the tenants fail to leave at the expiration of the form 12
Court documents lodged with the small tribunal for a “warrant of possession”
For Coral Sea to attend court there is a $500 + GST fee.
Court lodgement fees at cost
Attend court to gain warrant of possession
Liase with police to arrange eviction notice to be placed at property before proceeding with warrant
Meet police and lock smith at property
Police escort tenants and their possessions out of the property, once done. We are given possession of the property.
Receiving possession of the property.
Locks are changed immediately
Cleaners are arranged
Carpet / curtain cleaners arranged
Damages are rectified.
Lawns mowed and gardens cleaned up ( if applicable)
Pool cleaned ( if applicable)
Tenants are then logged on TICA. ( Tenancy information centre of Australia) in short the blacklist database. This lodgement will include the amount the tenants are indebited to you.