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Rental Properties And Eviction Notice

By Property Lawyers Team

Finding rental properties in cities like Perth and Brisbane is almost as difficult as doing Sudoku puzzles blindfolded – it’s nearly impossible. However, if anyone has been lucky enough to have landed the funky inner-city pad, which is close to some of the trendiest nightspots and restaurants, along with the added bonus of celebrity visitors, they have made a rare feat! The problem starts when an eviction is about to begin and knowing what to do.

When Does A Tenancy And

Under various Residential Tenancy Acts across Australia, landlords are prohibited from personally occupying their properties without the tenant’s permission. Tenancy can be terminated for various reasons, such as termination of fixed term agreement, termination of periodic agreement and sale of premises. In the event of the sale of premises, the termination of tenancy cannot happen before the expiry of a fixed term agreement.

Termination Notice For Landlord Tenancy

However, when tenancy agreements are terminated. Sometimes it is because of a breach by the tenant. A landlord can give a termination notice for failure to pay rent. Serious damage or injury by the tenant or other occupant. Or the premises were used for illegal activities. Additionally. The consumer, trader. And tenancy tribunal may terminate the residential tenancy agreement due to the threat of abuse, intimidation or harassment, as well as the hardship suffered by the landlord. Termination of long-term tenants and those living in residential premises are also other reasons why a lease has expired. In New South Wales, tenancy terminated by landlord can be found in the Division 2 ‘termination by landlord’ provisions of the Residential Tenancy Act 2010. While in Perth it is the Residential Tenancy Act 1997. Which is the relevant law, which requires tenants to rent property. But it needs to be followed while talking

Perth statutes have similar provisions when it comes to termination of tenancy, but make sure you get help for more specific legislative differences.

What If Rent Is Due

In this period of financial hardship, failure to maintain payment of rent is understandable and there are some actions that must be followed by the landlord to terminate the tenancy, if the sole reason is due to non-payment of rent. .

Landlords can give a ‘non-payment termination notice’ if the rent is due for at least 14 days since the notice is given. The non-payment termination notice must include the following:

  • Pending Premises
  • a date on which the landlord requires the tenant to vacate the premises. Giving at least 14 days’ notice and;
  • That the reason for termination of the contract is non-payment of rent.

Additionally, the notice must include the fact that if a tenant is able to pay the rent that was owed. Or that a payment plan was agreed between the tenant and the landlord. The resident will comply with the new terms. If so, there is no need for them to vacate the premises.

It is important to note that just a non-payment termination notice is not enough for a landlord to evict a tenant. The landlord​_ must further apply for a termination notice in NSW to the Consumer, Trader and Tenancy Tribunal. For Perth the body that orders termination of tenancy is the Small Claims Tribunal. While most Rental Property Eviction Notice Lawyers In Perth are handled by the Perth Civil and Administrative Tribunal.

Tenants are protected by law. And it is useful for tenants to be aware of their rights before an eviction notice is given. After all, you don’t want to give up your chic inner-city rental property for reasons within your control.

If you believe you have been evicted without reason, you can seek help from the Property Lawyers in Perth team.

Source:- Why Hire A Landlord And tenant Lawyers!

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