Landlord Frequently Asked Questions- After the tenancy
How much notice must my tenant give when they want to vacate the property?
This depends on the type of lease they have signed. If they wish to vacate the property on a non-fixed term lease, (this is known as a Periodic Lease) they are required to give only 21 days notice in writing.
However if they are signed up on the tenancy agreement to pay 4 weekly or calendar monthly, that amount of notice is required.
If they are on a fixed term lease they can vacate at the end of lease with 28 days written notice prior to the termination date. Of course it is up to us to approach the tenant to seek their intention 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 for the letting fee and advertising costs when a tenant breaks their fixed term lease early?
Unfortunately we have no control over the tenant breaking their lease early. People’s circumstances change and sometimes they move out earlier than expected. In this case, we will need to charge letting fees and advertising again.
If they break their lease, they may do so with little to no notice, however they are subject to paying rent until a new tenant is secured, or to the end of the lease (whichever occurs first). They must also contribute to the letting fee and advertising costs.
Under legislation we are entitled to charge a tenant for part or the full amount of these costs to be reimbursed to you, depending on how much of the lease remains when it is broken. We also must take into account the current lease or entire term of leases they may have already served at the property, when calculating monies for reimbursement.
What happens if the tenant breaks one or more of the conditions of tenancy?
Depending on what has occurred depends largely on what action is taken. If the breach is minor, approaching the tenant verbally or in writing may be appropriate. If it is something serious we will consult with you first to discuss what action to take.
Serious breaches of tenancy may involve using the property for illegal purposes or bringing in pets without prior permission etc.
We will let you know whether we should serve a termination notice on the tenant first or use more diplomatic means to rectify the breach.
What happens to the tenancy if I wish to sell my property?
You may sell your property at any time. However any fixed term lease in place is guaranteed to your tenant. This means if a person buys your property and they wish to occupy it, they must wait until the tenancy is finished unless the tenant agrees otherwise.
- 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.
- 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. .
3. 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.
What if I want to move in or someone from my family wants to move in?
Again any fixed term lease is guaranteed unless the tenant agrees to move out.
As is the case with the property being sold, this usually 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, you may give them notice.
You may give them a minimum 60 days notice (allowing also for postage delivery time) under the following conditions:
- a) The property has been sold (contract signed) and the occupier requires vacant possession, applicable only to leases entered into after 1st March 14.
- b) The property owner, the property owner’s father or mother, spouse, son or daughter requires possession (immediate family of the property owner only).
- c) The property is going to be demolished.
- d) The property requires repair to an extent that the property must be vacant to do so.
Otherwise 90 days notice can be given. If you give 90 days notice, no legal reason has to be given.
A regulated Form 3 (Notice of Termination by Landlord) notice must be used when giving 60 or 90 days notice.
Can you sell my property on my behalf?
Of course! Selling your property is part of the service we provide.
It is always preferred that we sell your property. It is much easier to coordinate access with the tenant between the sales and rental departments if you are using the same agency for both services.
Your tenant will also be more comfortable to deal with a company they are already familiar with.
Just let us know if you want to sell, even if you are just thinking about it.
Either you can nominate someone within our sales department, or we can get someone from our sales department to call you.