Rental Problem...

[BlackCat]

Last year the tenant became behind in rent at around this time, when contact was made there was a promise that once they received their tax return then they would catch up on payments. They did, until now...

Rent is now currently 10 weeks in arrears. The landlord has severe medical issues at the moment and the tenant is avoiding the landlord. The property is also now being damaged, from the road you can see that the outside walls have massive holes in them and windows are cracked and broken. The garden/lawn is neglected but tha'ts neither here nor there in the scheme of things.

Is this sufficient to issue a notice of termination?

Note I am not the landlord but a friend, the landlord is quite ill and now her income is not being met and her property destroyed.

Any and all advice welcome.

[kelebek]

Are they through a real estate? Are they under lease or is it week by week? If it's week by week then the landlord can request that they want property back and tenant's have to move out.
I would also consider calling the residential tribunal too.

[maybebaby2012]

I should think so, they should in the very least be served with a breach notice!

[ss_storm]

Eeek! By 10 weeks in arrears I would say definitely! I think you may have to give them notice to pay the arrears or they will be served an eviction notice (check the timeframe, it may only be 7 days notice required). Is it through a real estate or private rental? If its RE they should have served them with a warning well before now..

[BlackCat]

Private rental, and due to severe failing health the landlord hasnt been able to chase anything up personally. Hence where we are stepping in to find out what can (if anything) be done about this.

The lease is week by week as far as I am aware. Im not sure if it was originally a verbal lease (gosh I hope not!) or written. But the tenant has definitely gone over the original time frame into week by week.

Ive had a look at the fair trading website and it seems to indicate that where arrears is 14 days behind then 14 notice may be given for termination, but then if the tenant catches up the arrears or makes a suitable payment plan than they can stay on site. From what I can tell there is no notice needed (not that we would be that uncompassionate!) for "Premises destroyed or wholly or partly uninhabitable/cease to be useable as a residence/appropriated/acquired by authority by compulsory process" but Im not sure if that would include the damage that we can see from the road. Its quite significant in that there is an entire panel of the house from midline to ground almost completely smashed in. =/

Does that sound about right? Nothing is ever simple is it?

[kelebek]

I know of a case where the tenants were constantly in arrears but every time it went to the tribunal (to get them kicked out) they paid upto date. However they were still under lease.
Based on the damage it does sound like your friend can terminate their tenancy. They can terminate the lease based on the owner wanting the house back (happened to me twice previously).
I woul suggest double checking with the residential tenancy tribunal jic. Goodluck to your friend.

[YoYo]

I'd say get an agent (or some sort of authority) to step in on their behalf if the landlord isn't up to it.

I'm a landlord to private tenants but we always get an agent to put tenants in there so have them to fall back on if need be.

[peanutter]

have you considered reporting the extreme vandalism to the police?

in addition to tribunal / civil paths?

[BlackCat]

Honestly peanutter I dont think that anyone even thought of that. Not sure that the Landlord is up to it but will definitely run it past her as an avenue to consider also.

Thanks everyone. Hopefully it will all get sorted without issue as quickly as possible.

[Gigi]

that is so nice of you, to look out for your friend, BlackCat.

I hope your friend hasn't left herself open to tenants exploiting her, by having a week to week arrangement.

Property damage makes me furious, so many people can't find rentals (low supply), and then people like this, who ruin properties. If you can see the damage from the road - far out. I would have thought even feral tenants, wouldn't want to get cold in winter (letting cold air in). It's beyond belief.

Even if your friend loses three months rent, and has to pay for the damage (if they're on a week to week rent, i don't hold huge hope they have paid a bond) - that sounds alot of money, but the longer they're there, the MORE than amount will grow. The sooner they are out, the place gets repaired, then she can get new and better tenants, but hopefully next time with a more solid rental lease and a bond - even an agent to check it out for her.

What an awful thing to happen to your friend, at a time when she is most vulnerable.

[BlackCat]

This is just so...

We served the notice two weeks ago. Tenant refuses to leave. We spoke with the CTTT, and have a hearing date scheduled. Had a proper inspection of the house today and the inside is not too bad though some damage and there have been no attempts to fix or explain any of it. To add to this the Tenant has said that they will leave but not until the CTTT give them a date to vacate by! So we have to wait another week for the hearing to even get a date to get this guy out. To add insult to injury we went over the landlords books and this little snot is owing over two thousand dollars in rent. TWO THOUSAND! So he isnt just a little behind, he is taking our friends serious health issues and running with them. Oh how I wish she came to us sooner!!

No bond, no written rent agreement.

Does anyone know how long the CTTT usually give someone after a hearing to vacate premises?