Giving tenant notice

[RevT]

Hi all

We recently gave our tenant 42 days notice as we are planning to move into the property to do some renovations.

The tenant turned around and slapped us with a 21 day notice to leave before then which is fine.

Now that they have given us the 21 day notice, do we still have to abide by rules of the 42 day notice? Or has this essentially been overruled by the tenant giving us 21 days notice to terminate their tenancy?

Cheers

[ATandGT]

Tenants notice takes precedence unless there is less than 21 days to run.

[RevT]

It must be noted that we have had trouble with this tenant and was part of the reason for moving them on. They have been increasingly hard to deal with and always want to have the last dig, even if to their own detriment.

The tenants 21 days were up on Saturday, with at least another two weeks of time left before the original 42 day mark was reached.

We met the tenant at the property to collect the keys and they threatened us with 'I hope you or your family are moving in or we'll see you in court'.

However, as stated we now believe that their 21 day notice has overruled our 42 day notice and we are no longer obliged to move in by that 42 day mark.

They chose to end the tenancy on their terms.

So just to make sure we are ok here and have no obligation to move in by that 42 day date any more?

[flyernzl]

So just to make sure we are ok here and have no obligation to move in by that 42 day date any more?

Correct.
Just make sure that the tenants notice was written, and you keep your copy just in case it ends up in the TT.

[rentalrunner]

sounds familiar, we had our tenant do the same thing, which was actually a relief as our grounds for 42 days notice were a little sketchy so her giving notice meant we were free to re-let the place. im not sure why she chose to give notice as i didnt see any advantage for her. she was a tenant we inherited with the house and we were happy to see her go. weve had good tenants ever since...

if your tenant has already received your 42 days notice then they cant override it (unless they contest they never got it) - if they give notice it doesnt offer them any extension

just keep copies of everything...

[Meehole]

The fact that you want the property to undertake renovations requires 60 days notice. 42 days notice is only applicable if you have family or an employee moving in to occupy.
The tenants are obviously aware that you have made a mistake with your timing and maybe they intend to lodge an application with the TT?
I wouldn't want to guess how an adjudicator might call this of it did end up in there, as you breached the Act in the first instance.

[Wayne]

The fact that you want the property to undertake renovations requires 60 days notice. 42 days notice is only applicable if you have family or an employee moving in to occupy.
The tenants are obviously aware that you have made a mistake with your timing and maybe they intend to lodge an application with the TT?
I wouldn't want to guess how an adjudicator might call this of it did end up in there, as you breached the Act in the first instance.

Where does 60 days come into it?
I thought it was 42 or 90?

[Meehole]

Where does 60 days come into it?
I thought it was 42 or 90?

Half asleep at the desk top, yes you are correct Wayne it is 90 days not 60.

[Maccachic]

They were moving into the property - they are just doing renovations to make it more suitable while they are living there surely.

Now that the tenant is moving out earlier its inconvenient/expensive for the family to move it so it was re-let.

[Meehole]

We recently gave our tenant 42 days notice as we are planning to move into the property to do some renovations- is what was written so the intent is there as nothing has been said about renovating for family that will move in.
Some tenants have more knowledge than most landlords about Tenancy law and as the tenants threatened 'I hope you or your family are moving in or we'll see you in court' they probably have a fair idea of what the intent originally was.
TT don't deal in assumptions, only fact. 42 days notice if family or an employee are moving in, if not then they have breached the Act.