Termination Of A Tenancy Agreement

Purpose

This procedure contains the instructions for the termination of a tenancy agreement.

Procedure

Service Of Termination Approved/Required

Written request/authorisation from Landlord received, requesting vacant possession of the property or Department Manager approved:

• Non payment of rent (must be over 14 days in arrears)
• Breach of the Agreement (General) (14 days notice)
• Breach of the Agreement (Immediate notice, if anyone is threatened or injured by the Tenant or Tenant’s visitor)
• Sale of the premises (60 day notice upon exchange, expired agreement only)
• No grounds (120 days notice, expired Agreement only)
• End of a fixed term (60 days notice)  for 6 months
• 90 days notice for over 6 months

Advise The Tenant

Contact the Tenant and advise of the:

• Reason for the Notice
• Date the Notice is due to expire
• Their rights and obligations

If appropriate:

• Complete Prospective Tenant Enquiry form and add to database.

Prepare The Notice

Refer to Management Agency Agreement and Residential Tenancy Agreement for the required information to complete the Notice.

• Complete the Notice by filling in the required information in full.
• The names entered on the Notice are to reflect names on the agreements.
• Any sections of the Notice that are not required, are to be deleted, marked N/A or crossed out.
• Diarise the Notice expiry date.
• Enter expiry date, as a vacating date into the computer.
• Copies of the Notice and letters are filed in the property file.

Note:        Remember to check your service dates are correct. Ask another member of staff to confirm that dates are correct.

Mail Service Requires Postage Days

Allow at least 3-5 working days for postage (legislative requirement):

• Start counting your required notice (days) after you have covered the postage time.

The Termination Notice and letter must be mailed:

• By registered post and on the same day
• By 4.00pm on the same day
• It is recorded in the Agency mail register.

Note:        Rent Arrears, if the Tenant pays any rent within the four days postage, the notice is not deemed served.

Hand Delivery – Immediate Service

• When ever delivering a Notice by hand, take a witness:
  •        Proof
  •        Security

• The Notice maybe served on:
  •        Tenant
  •        Occupant at the property
  •        The person must be at least 16 years of age.

• The Notice must be signed by the recipient, in acceptance.
• Retain the Agency copy and give the recipient of the Notice the original.
• If the recipient refuses to accept the Notice:
  •        Do not try to force them
  •        Leave the property immediately
  •        Advise the Landlord
  •        Serve the Notice by mail.

Confirm Service – Landlord

• Confirm the successful service of the Notice with the Landlord and other relevant parties.

Follow Up Tenant’s Vacating Progress

• Regular contact is made with the Tenant to confirm the property will be vacant by the expiration of  the Notice and that no damage is done.
• Continual support and assistance is offered.
• The Landlord is to be updated as requested or required.
• Personally visit the property, 4 days prior to the expiration date to confirm the Tenants vacating   progress/plans.

4 Day Prior To Expiration – Consider Tribunal

•   4 days out from the expiration of the Notice, if it looks like the Tenant is not going to vacate the      premises by the requested date. Seek the Landlords instructions with regard to evicting the             Tenant, as per the VCAT Procedure.
• Where the Landlord does not respond, seek the Department Managers instructions. Consider:
  •        Will the property be damaged
  •        Will the Breach of Notice cost the Landlord money

Always act in the Landlord’s best interest.