I have just found out that the tenant renting my unit has been overseas for the last 5 months and isn't due back until the end of February. He's just left the place empty. We were planning on giving him notice in the next couple of weeks anyway as we want to move back in there. But how are we to do this when he's not even in the country?! Also I had the thought that the place being empty that long probably voids any insurance etc? Any thoughts appreciated, TIA.
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14-01-2014 13:07 #1
Tenant has left property empty for 5 months!
14-01-2014 13:10 #2
Wouldn't you or the agent have a phone number or email for him? Perhaps you can give notice that way? What insurance do you mean? His contents insurance? There are no restrictions on people being able to travel as far as I know!
14-01-2014 13:14 #3
(I think my first reply vanished?) Wouldn't you just give notice as usual and it's up to him to make his own arrangements? How much notice do you need to give him?
14-01-2014 13:15 #4Senior Member
- Join Date
- Sep 2011
Wouldn't you have a minimum notice period you'd have to give him anyway, like 60 days? So he'll be back before that time is up. If you make all reasonable attempts to make contact in writing of your intent to end the lease, & it's dated, then he'll have no recourse to expect additional time to leave the property, once he does return....
I'm not sure about your other concern about it being empty....but I guess it could also be argued if he sub-let it, the he would've had people living there for an extended period without their names on the lease - that may be a breach of the lease agreement???? Not sure about that one, I see both sides
14-01-2014 13:18 #5Senior Member
- Join Date
- Mar 2008
Yeah the place being empty for that long will have affected your insurance - and his of he has any.
He probably has someone picking up his mail or has a diversion so I'd give notice the usual way.
14-01-2014 13:22 #6
You'd need to check with your insurer to see if your landlord's insurance is still valid, as the period of vacancy for it to become void can differ.
I'd check the details of the lease under 'notices' to see how notices have to be given. If it just says by mail to a particular address, then that's all you have to do for it to be enforceable. But I'd also try to track down a phone number or e-mail address and have the RE contact him so that he can make arrangements to move out by the date you need.
14-01-2014 13:26 #7
I was thinking more about the building insurance. We have a private agreement that requires 30 days notice from either party. But the garden hasn't been maintained etc... I've had complaints from the neighbours...
14-01-2014 13:36 #8
I am not sure about insurance but I would not be impressed! We are just about to move back into our place once the tenant moves out and I would be a bit annoyed TBH if this happened to me. He should have notified the RE is he was going to be away for such a long period, as you are right, the place hasn't be maintained.
Maybe get in contact with RE and find out why they didn't notify you? They should have been doing inspections during this time so I would be finding out what happened. Did you put anything in the lease about things being maintained? I have in mine that the garden needed to be maintained to the standards it was in when the tenant first got the place. I don't thin he has been looking after it but if it isn't up to scratch when we get the keys back I will be taking gardening maintenance out of his bond. If you have an agreement like this make sure you stick to it, as he was meant to be maintaining the property for you.
14-01-2014 14:18 #9
Give notice as per rules. Not ur problem if he isn't there to read mail!
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14-01-2014 14:21 #10
It doesn't sound like there is a RE but it's a private arrangement?
If so, does your agreement have anything about notifying you if he went away for a period of time? There is no way I would have known it could affect building insurance. I've gone travelling and left my place for a few months before!
Was it agreed that he upkeep the garden? It would be nice to think that goes without saying but if not explicitly stated.... And how bad can a garden be after 5 months. I find it odd that neighbours would complain about some long grass! Assume it must be worse than that.
I'd look on your States's consumer affairs site for guidance on the notice periods. Also how long has he lived there? Would that have an impact on reasonable notice?
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