Serving a Termination Notice

Serving a termination notice can be a disturbing experience in Macarthur. In all but one case, in which the property owner wishes to take possession of the property, there has usually been some angst and emotion involved in the circumstances that have led to such a decision.
The situations in which a termination notice may be issued to a tenant are varied. Non-payment of rent is the single biggest claim but serious damage to the premises or neighbouring property, injury to the neighbours, landlord, agent or its employee, illegal use of the premises, a tenant’s threat, abuse, intimidation or harassment or undue hardship by the landlord are all valid claims.
Each reason for issuing such a notice has its own minimum period, which must be strongly adhered to. As an example, if a tenant has fallen 14 days or more behind in the payment of rent, then a property owner or their agent can issue a termination notice advising the tenant to vacate within 14 days. At the other end of the spectrum, if a property owner issues a termination notice after a tenancy period has expired then 90 days’ notice is required.

The Importance of Good Property Management

For a property owner this situation can be confrontational. This is not a usual occurrence for them so it can also be quite daunting as it is imperative that the correct procedures and time lines are followed. If this does not happen it will cause unnecessary delay, the process will be stalled and it will have to be started over again.
If the situation worsens and a tenant refuses to vacate the premises an application to the Consumer, Trader and Tenancy Tribunal for a possession order is the next step. Again time limits apply.
This is where the expertise of a good property manager in Macarthur can come to the fore. A reputable property manager can often avoid the situation of issuing a termination notice to a tenant. They are trained to deal with these matters in a manner that allows the tenant to overcome any issues with dignity. Real estate is the same throughout Australia. We all hit bad patches on our journey through life.
If it is in fact the case that a tenant has fallen behind in their rent, a repayment plan may be able to be negotiated. If the tenant is a frequent late payer many property managers are able to create a regular payment from their account similar to a direct debit so that is just automatically paid. Many employers also offer this service through their payroll.

Leave a Reply