Carnelian Property Management Newcastle
  • Home
  • Contact
  • About
    • New To Renting Your Property?
    • Info For Experienced Investors
    • About The Team
    • What We Do
    • Testimonials
  • Rental Appraisal
  • Switch to Us
  • Now Renting
    • Properties For Lease
  • Blog
  • Search 🔍
We provide expert property management in Newcastle and Lake Macquarie.  Based in Charlestown NSW, we have been delighting property investors with our personal, professional service since 2011. If you find this article helpful or enjoyable, please subscribe or share it with someone else who may benefit.

How Do I End A Tenancy Agreement And Evict A Tenant?

24/4/2019

0 Comments

 
how do you evict a tenant - newcastle property management - carnelian property management
Quality tenant selection in the first instance and a professional property management approach will do much to avoid the need to even consider how to remove a tenant from your property. However, it is still possible that at some stage in your property investment journey you will be faced with the challenge of how to remove a difficult tenant. 

In this article we cover how a termination notice must be issued to a tenant, the amount of notice required to terminate the tenancy, and what happens if the tenant doesn't leave as ordered. 
Firstly, it is important to note that there are only certain grounds upon which a landlord or their agent can end a tenancy, and minimum notice periods apply. ​

How Does A Landlord Or Agent End A Tenancy?

Firstly, if the landlord wishes for the tenant to vacate the property, the tenant must be given a termination notice. NSW Fair Trading advises that the termination notice must:
  • be in writing
  • be signed and dated by the landlord or the landlord's agent
  • be properly addressed to the tenant
  • give the day on which the residential tenancy agreement is terminated and by which the tenant is required to vacate
  • where appropriate, give the grounds/reason for the notice.

How Much Notice Do I Need To Provide to End A Tenancy Agreement?

The minimum period of notice required to be provided to a tenant to vacate is:
  • 14 days – if the tenant is 14 days or more behind with the rent or has committed some other breach of the tenancy agreement
  • 30 days – if the fixed term of the agreement is due to end
  • 30 days – if the premises have been sold after the fixed term has ended and vacant possession is required by the buyer under the terms of the sale contract
  • 90 days – if the fixed term period has expired and no new agreement has been signed.

No minimum notice period is required if notice to terminate the tenancy is given on the grounds of: 
  • the premises being destroyed or wholly or partly uninhabitable
  • ceasing to be legally usable as a residence
  • being acquired by compulsory process (eg. by the RTA)
  • the death of the sole tenant.

What If The Tenant Doesn't Leave By The Termination Date?

​Most commonly, this question is asked when a tenant has been provided a termination notice for non-payment of rent of some other breach of the tenancy agreement. If the date specified in the termination notice comes around and vacant possession of the property has not been provided (and in the case of non-payment of rent, the outstanding rental amount has not been paid) - what do you do to remove the tenant from the property?

If the tenant remains in the property beyond the date specified on the termination notice, further action must be taken by applying to the NSW Civil and Administrative Tribunal (NCAT) for a termination order. The Termination and Possession Application form provides NCAT the details required to order the termination of the tenancy and specify the date on which the tenant must vacate the property. 

If the tenant does not comply with the NCAT termination order, the next step is to request NCAT to issue a warrant for possession of the premises. The warrant for possession authorises a Sheriff’s Officer to enter the property and provide possession of the property to the landlord. 

What Happens When A Sheriff Is Required To Evict A Tenant From My Property?

​The Sheriff's Office will advise the date and time the warrant will be executed at the property. A locksmith must be arranged to attend the property at this time, to assist in securing the property once possession is returned to the landlord. 

In the interest of safety and security, the Sheriff will enter the property first while the agent and/or the landlord and locksmith must keep away from the property. The Sheriff will advise when all is clear for the locksmith to commence work, and often provide an update on the state of the property, any individuals still inside and a brief overview of what (if any) contents may have remained on the property. If it is safe to enter, the Sheriff will advise that you may enter. 

What If The Tenant Has Left Possessions At The Property On The Day They Are Evicted?

It is unfortunately common that on the day a Sheriff's Officer executes the warrant for possession, the property has not been left vacant by the tenant. There are very clear requirements around the treatment of any possessions left at the property by the tenant - it is certainly not the case that items can simply be discarded. 

A detailed overview is provided on the NSW Fair Trading Uncollected Goods page, and covered in our article What Happens When A Tenant Leaves Items Behind In A Rental Property? We recommend reading these sources in detail to understand the current requirements. 

Importantly, prior to July 2020, if enough goods were left at the property to prevent it from being rented, an occupation fee (equal to a day’s rent) could be charged for each day the goods are held, whether they are stored on the premises or elsewhere, up to maximum of 14 days. This is no longer the case.

Landlords can no longer charge tenants an ‘occupation fee’ equal to the rent for each day goods are left on their premises once a residential tenancy ends. You can only charge a tenant for the actual costs incurred to remove, store, maintain, insure and dispose of goods. No other charges are due.

The Value Of An Experienced Property Manager And Landlord Insurance

​It is essential leading up to and throughout the process of obtaining possession of the property that correct notice periods and communication requirements, records and documentation are kept. This is where an experienced, professional property manager is invaluable. 

Additionally, the costs associated with the eviction of a tenant can quickly become significant. Overdue rent, occupation fees, lost rent while unable to re-let, NCAT application costs, Sheriff costs, locksmith costs, rubbish disposal, cleaning, and potentially repairs... there is a lot to consider and pay for when a tenant is evicted from a property. A good landlord insurance policy can pay for itself tens of times over in a single instance of tenant eviction, and is therefore essential for any property investor. 

If you would like your Newcastle property managed professionally and transparently by a team with experience and excellence in communication, contact us today. 
Contact us
We provide expert property management in Newcastle and Lake Macquarie.  Based in Charlestown NSW, we have been delighting property investors with our personal, professional service since 2011. If you found this article helpful or enjoyable, please subscribe or share it with someone else who may benefit.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Carnelian Property Management Newcastle NSW

    We are a family-owned and run Charlestown real estate agent offering expert property management across Newcastle and Lake Macquarie. 
    ​Get to know us here.


    Want More?

    Build your property management knowledge - get regular tips and advice for landlords and tenants straight to your inbox.
    Subscribe

    Categories

    All
    Adverse Possession
    Advertising
    Choosing An Agent
    COVID 19
    COVID-19
    Finance
    Furnished
    Insurance
    Investment Property
    Lake Macquarie Life
    Landlord Responsibilities
    Lease Terms
    Negative Gearing
    Newcastle Life
    Newcastle Property Management
    Pets
    Positive Gearing
    Preparing A Rental Property
    Property Management Costs
    Property Management Statistics
    Rental Appraisal
    Rental Yield
    Rent Review
    Research
    Routine Inspections
    Saving Money
    Suburb Profiles
    Tenant Responsibilities


    Archives

    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017


    RSS Feed

Carnelian Property Management
1A Chapman St Charlestown NSW 2290
​ph: 02 4062 7458 (tenant / general enquiries)
m: 0407 065 126 (investor enquiries)
Facebook - Property Management in Newcastle - Carnelian Property Management
Instagram - Property Management in Newcastle - Carnelian Property Management
COVID-safe - Property Management in Newcastle - Carnelian Property Management
Subscribe to Email
​Request a Rental Appraisal
Rental Application Form
Lost Keys / Locked Out Policy
​Cleaning Checklist
Submit Maintenance Request
​Tenant Portal
​Investor Portal

Copyright © 2021 Carnelian Property Management in Newcastle NSW | ABN 18 624 074 077. Privacy Policy | Complaint Procedure
COVID-safe - Property Management in Newcastle - Carnelian Property Management
Facebook - Property Management in Newcastle - Carnelian Property Management
Instagram - Property Management in Newcastle - Carnelian Property Management
Subscribe to email
Request a rental appraisal
Rental application form
Lost Keys / Locked Out Policy
Cleaning checklist
Submit Maintenance Request
Tenant Portal
Investor Portal
Carnelian Property Management
1A Chapman St Charlestown NSW 2290
​ph: 02 4062 7458 (tenant / general enquiries)
m: 0407 065 126 (investor enquiries)
Submit maintenance request

​Copyright © 2021 Carnelian Property Management in Newcastle NSW
​ABN
18 624 074 077
Complaint Procedure
Privacy Policy
  • Home
  • Contact
  • About
    • New To Renting Your Property?
    • Info For Experienced Investors
    • About The Team
    • What We Do
    • Testimonials
  • Rental Appraisal
  • Switch to Us
  • Now Renting
    • Properties For Lease
  • Blog
  • Search 🔍