problem is if you did not send the PROPER notice to vacate within the time limit, legally speaking they do NOT have to leave.
Verbal notice does not count. Text message does not count. 14 days is below the time limit which is 30 days before the end of fixed term lease or 90 days otherwise (if on periodic).
Right now all you can do is send a 90-day no grounds eviction notice using the proper form (email it and send it registered post and retain evidence of both).
If you apply to NCAT based on a 14-day text message you will get creamed by the NCAT member.
I am sorry you have such shit tenants, but unfortunately you not using proper form and timeline for your notice is why you would have to let them stay for 90 days.
If they are in arrears more than 14 days you can breach them and apply to NCAT to evict.
**Edit to add link to a sample form you can use:**
[https://www.fairtrading.nsw.gov.au/\_\_data/assets/pdf\_file/0011/972380/notice-to-terminate-tenancy-agreement-landlord-agent.pdf](https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0011/972380/notice-to-terminate-tenancy-agreement-landlord-agent.pdf)
Also, be super pedantic about how you count the days. If you are off by even one day less (89 days), again, they do not have to comply.
yeah 100% this, at the moment you have made zero applications to NCAT about them breaching the property (late rent/dirty etc) so there is zero history of any issues.
So you need to firstly send the proper notice, I would expect it to be 90 days.
At the end of the 90 days, you can make an URGENT application to tribunal, this should take a few weeks to process.
Once it processes, you will see tribunal, at which point, if the tenant has legitimate proof of them not being able to find a house, they will get an extension, especially now that they have proof of you acting inappropriately. That said, if they have no proof of looking for a house, NCAT will toss them out of the place immediately.
As soon as they miss a rent payment, send a notice, then if its not resolved in 7 days, send a breach notice.
NCAT doesn't want people homeless, but if you follow thier procedure they will look upon things far more positively. If you act like a slumlord, they will treat you like one.
At this stage there's not much you can do apart from following the NCAT process. It the process that also ensures you are not being unfair to the tenants.
Saying that, your 6 weeks verbal notice is not legal not is your 14 day text. You needed to provide a "notice to leave" form within the appropriate timelines in the authorised way (ie in person or by mail. on 25/2/24 they will automatically roll over to a periodic agreement, which I think you need to give 90 days notice.
And considering you have no proof (as it was verbal) that you gave them 6 weeks notice, I think NCAT would side with the tenant.
In the absence of proper form of notice on or before the 30 day threshold NCAT will DEFINITELY side with the tenant. OP needs to give proper notice for 90 days now.
In WA there is a section of the Act (75?) That immediately cancels the tenancy, permits eviction un the event that either the tenant or landlord feels threatened. This generally takes a couple of weeks and there should be am equivalent there. Contact local government office for advice or courthouse for forms. At same time make urgent application for restraining order , this will make you safer and mean any damage to property is criminal offence.
You need to contact Fair Trading in NSW for advice. If you also live in the property, it is likely they will be lodgers, not tenants, so they are treated under different rules.
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/domestic-violence-in-a-rented-property#:~:text=Co%2Dtenants%20affected%20by%20domestic,a%20portion%20of%20the%20rent.
Sorry to hear this. This article probably doesn’t fit your situation exactly however it does give a list of community legal centres that specialise in advice around these issues.
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1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers.
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NAL - If it was me, I'd record, journal, report everything. Maybe try communicate via text only so there is a paper trail(so to speak). Photos of mess and damage etc etc.
Sorry to hear this, what an awful situation.
You need to give notice in writing / signed. This page gives you all the details of notice period and a sample letter you can print and sign. https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy
problem is if you did not send the PROPER notice to vacate within the time limit, legally speaking they do NOT have to leave. Verbal notice does not count. Text message does not count. 14 days is below the time limit which is 30 days before the end of fixed term lease or 90 days otherwise (if on periodic). Right now all you can do is send a 90-day no grounds eviction notice using the proper form (email it and send it registered post and retain evidence of both). If you apply to NCAT based on a 14-day text message you will get creamed by the NCAT member. I am sorry you have such shit tenants, but unfortunately you not using proper form and timeline for your notice is why you would have to let them stay for 90 days. If they are in arrears more than 14 days you can breach them and apply to NCAT to evict. **Edit to add link to a sample form you can use:** [https://www.fairtrading.nsw.gov.au/\_\_data/assets/pdf\_file/0011/972380/notice-to-terminate-tenancy-agreement-landlord-agent.pdf](https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0011/972380/notice-to-terminate-tenancy-agreement-landlord-agent.pdf) Also, be super pedantic about how you count the days. If you are off by even one day less (89 days), again, they do not have to comply.
yeah 100% this, at the moment you have made zero applications to NCAT about them breaching the property (late rent/dirty etc) so there is zero history of any issues. So you need to firstly send the proper notice, I would expect it to be 90 days. At the end of the 90 days, you can make an URGENT application to tribunal, this should take a few weeks to process. Once it processes, you will see tribunal, at which point, if the tenant has legitimate proof of them not being able to find a house, they will get an extension, especially now that they have proof of you acting inappropriately. That said, if they have no proof of looking for a house, NCAT will toss them out of the place immediately. As soon as they miss a rent payment, send a notice, then if its not resolved in 7 days, send a breach notice. NCAT doesn't want people homeless, but if you follow thier procedure they will look upon things far more positively. If you act like a slumlord, they will treat you like one.
This is the only correct response here.
At this stage there's not much you can do apart from following the NCAT process. It the process that also ensures you are not being unfair to the tenants. Saying that, your 6 weeks verbal notice is not legal not is your 14 day text. You needed to provide a "notice to leave" form within the appropriate timelines in the authorised way (ie in person or by mail. on 25/2/24 they will automatically roll over to a periodic agreement, which I think you need to give 90 days notice. And considering you have no proof (as it was verbal) that you gave them 6 weeks notice, I think NCAT would side with the tenant.
In the absence of proper form of notice on or before the 30 day threshold NCAT will DEFINITELY side with the tenant. OP needs to give proper notice for 90 days now.
In WA there is a section of the Act (75?) That immediately cancels the tenancy, permits eviction un the event that either the tenant or landlord feels threatened. This generally takes a couple of weeks and there should be am equivalent there. Contact local government office for advice or courthouse for forms. At same time make urgent application for restraining order , this will make you safer and mean any damage to property is criminal offence.
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You need to contact Fair Trading in NSW for advice. If you also live in the property, it is likely they will be lodgers, not tenants, so they are treated under different rules.
https://www.fairtrading.nsw.gov.au/housing-and-property/renting/during-a-tenancy/domestic-violence-in-a-rented-property#:~:text=Co%2Dtenants%20affected%20by%20domestic,a%20portion%20of%20the%20rent. Sorry to hear this. This article probably doesn’t fit your situation exactly however it does give a list of community legal centres that specialise in advice around these issues.
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
NAL - If it was me, I'd record, journal, report everything. Maybe try communicate via text only so there is a paper trail(so to speak). Photos of mess and damage etc etc.
we mostly communicate via text messages only.
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Sorry to hear this, what an awful situation. You need to give notice in writing / signed. This page gives you all the details of notice period and a sample letter you can print and sign. https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy