FAQ - After the tenancy

How much notice must my tenant give when they want to vacate? 

This will depend on the type of lease they have signed. If they wish to vacate the property on a Periodic Lease, (non-fixed term lease) they need to give 21 days notice in writing, unless they are signed up on the tenancy agreement to pay 4 weekly or calendar monthly then that amount of notice is required.

If your tenant is on a fixed term lease they can vacate at the end of lease. They will need to give us 28 days written notice prior to the termination date. We will approach the tenant to seek their intention approximately 2 months prior the termination date to see if they want to either renew the lease or vacate the property. We must also give the tenant 28 days written notice of any intention not to renew the lease.

Who pays when a tenant breaks their fixed term lease early?

People’s circumstances change and sometimes tenants move out earlier than expected and unfortunately, we have no control over the tenant breaking their lease.

If a tenant breaks their lease they are subject to paying rent until a new tenant is secured, or to the end of the lease (whichever happens first).

The tenant is also required to pay a portion of advertising and re letting charges which is calculated based on the time they have been in the property and how long is left on the lease.

If you would like more information on the fees and charges please visit 

https://www.sa.gov.au/__data/assets/pdf_file/0006/22389/claiming_for_costs_from_a_broken_lease_bulletin.pdf

What happens if the tenant breaks the conditions of tenancy?

What action is taken depends largely on what has occurred. If the breach is minor, approaching the tenant in writing or verbally may be suitable. If it is something serious we will consult with you first to discuss what action you would like us to take. We will let you know if we should serve a termination notice on the tenant or use more diplomatic means to rectify the breach.

Serious breaches of tenancy may involve using the property for illegal purposes, excessive non-payment of rent, etc.

What happens if I wish to sell my property?

You can sell your property any time. However, if a fixed term lease is in place it is guaranteed to your tenant. This means, when your home is purchased, if the new owners wish to occupy it they must wait until the tenancy is finished unless the tenant agrees otherwise.

  1. The exception to this under Section 85A, is the owner’s failure to disclose a decision to sell if known prior to the lease commencing or within 2 months after the start of the lease. The tenant may terminate the lease by serving a Form 4A Notice of Termination by the Tenant where Residential Premises For Sale on the Property Owner/Agent.
  2. New legislation (S71A) for all tenanted properties regardless of commencement date, stipulates that the tenant must be given written notice of the landlord’s intention to sell within 14 days of entering into a Sales Agency Agreement and further, the property will not be advertised for sale, or made available for inspection by prospective purchasers before the day falling 14 days after the tenant is given such written notice.                                              .
    New Legislation (S71A) also requires that, if a contract is entered into for the sale of the residential premises, the landlord must, not less than 14 days before the day of settlement   under the contract or, if the day of settlement is less than 14 days after the day on which the contract is entered into, as soon as possible after the contract is entered into, give the tenant written notice of the name of the purchaser under the contract and the date from which rent is to be paid to him or her.                                                    .         
    4. New Legislation (S47A) requires a landlord must ensure that a prospective tenant is advised, before entering into a residential tenancy agreement, if the landlord has advertised, or intends to advertise, the residential premises for sale and of any existing sales agency agreement for the sale of the residential premises.

Can you sell my property on my behalf?

Of course! Selling your property is part of the service and our agents would love to hear from you.

It is always preferred that we sell your property as it is much easier to coordinate access with the tenant between the sales and rental departments and your tenant will also be more comfortable to deal with a company they are already familiar with.

What if I or someone from my family want to move in?

All fixed term tenancy agreements are guaranteed unless the tenant agrees to vacate earlier than their lease end date.

The same as if the property has being sold, this often involves an amount of compensation being paid to the tenant as agreed by both the landlord and the tenant.

What if they are on a non-fixed term agreement?

If they are on a non-fixed term agreement (Periodic tenancy), you may give them notice.

You must give them a minimum 60 days notice under the following conditions:

  1. a) The property has been sold (contract signed) and the occupier requires vacant possession, applicable only to leases entered into after 1stMarch 14.
  2. b) The property owner, the property owner’s father or mother, spouse, son or daughter requires possession (immediate family of the property owner only).
  3. c) The property is going to be demolished.
  4. d) The property requires repair to an extent that the property must be vacant to do so.

Otherwise 90 days notice can be given where no legal reason needs to be given.

A regulated Form 3 (Notice of Termination by Landlord) must be used when giving 60 or 90 days’ notice.