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New South Wales
(NSW)
In accordance with the
Residential Tenancies Act, when rent is overdue, on the 15th
day we may issue a “Termination Notice" (TN). The Termination
Notice gives the tenant 14 days to pay rent in full or vacate
the property.
Should your tenant fail
to respond to the Termination Notice, once the notice period has
expired, we would contact you to advise that it may be necessary
to apply to the Consumer Trader and Tenancy Tribunal for a
“Termination and Vacant Possession” (T&P) Order. This
application can not be made until the Termination Notice has
expired and the tenant has failed to co-operate.
If your instructions are
to proceed with the Tribunal application, we would fill in the
appropriate paperwork, lodge it with the Consumer Trader and
Tenancy Tribunal and wait for a hearing date to be set.
Once the Registrar has
confirmed a hearing date, our property manager represents you at
the Tribunal. In some cases, termination and vacant possession
is not awarded immediately and the tenant may be placed on a
“Specific Performance Order” (SPO). This order outlines a
payment plan to eliminate the arrears within a certain time
period. It is usually valid for 6-12 months and should the
tenant breach the SPO within that time period, we can apply
directly to the Tribunal for Termination and Vacant Possession. At this stage, we would normally be awarded the T&P Order.
If we are awarded vacant
possession, the tenant is given a date to vacate the property
and pay the arrears in full. Should the tenant fail to adhere to
this notice, we would apply to the Tribunal again for a “Warrant
for Eviction”. This must be served by the Sheriff’s Office and
can take quite some time to be issued.
During this period we
would be in regular contact with you to keep you informed, as
well as regularly driving by the property to see if it has
become vacant.
Recovery of funds can
also be a slow process – tenants who are unemployed will not
have their government benefits garnished but a debt can be
lodged at the local court which will not be removed until it has
been recovered. This will prohibit the tenant from loaning money
etc. so although it can take years – eventually you may recover
the full debt.
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