Property & Planning Law
Leases: Top 5 tips for Landlords
Solicitor, Davis Zucco Lawyers
1. Build a good relationship with your tenant
The reality of any relationship, let alone a legal one, is that without a solid foundation of communication, it will fail! Some of you may own many properties with plenty of tenants, but I feel the one ingredient needed to ensure your tenant looks after your property to your standards is to make them feel valued. Keep in contact with them, perhaps with a phone call once a month to see how they are travelling. You will be surprised at how much effect it will have on your tenants, and how their mindset can reflect wanting to ensure your property is in good living condition!
2. Make sure all your correspondence is in writing.
I might use this point in every post I make from now on. I really can’t stress enough how important it is to get everything in writing. Don’t rely on a phone call from 5 months ago where your tenant agreed to pay you an extra sum for an incident that happened at their housewarming. We live in a beautiful 21st century, with e-mail and facebook. Instant messaging means you can have records of conversations, and really form the basis of your claim, should the need arise for you to make one.
3. Claiming the bond
As a landlord, there are various situations whereby you can try to recover the bond at the end of a tenancy. These include, but are not limited to if:
- the tenant has left and owes rent (rent in arrears);
- the tenant or resident or their visitors have damaged the property;
- there are cleaning or repair expenses that exceed normal ‘wear and tear’;
- the tenant or resident has abandoned the premises;
- the tenant or resident has left you to pay bills they should have paid;
- items that were part of the tenancy agreement are missing.
4. Giving notice to vacate
You may end a fixed-term lease before the end date by mutual agreement with the tenant. Agreements should be in writing, of course. Otherwise, a landlord must give the tenant written notice.
The notice to vacate (end the tenancy and leave the property) must:
- be sent to the tenant at the premises by registered post or hand delivered (‘hand delivered’ means giving it personally to the tenant or leaving it with a person apparently over the age of 16 and apparently residing or employed at the tenant's usual or last known home or business address)
- be addressed to the tenant
- give a specific reason or state that no reason is given in the case of a 120-day notice
- be signed by the landlord (or their agent)
- allow the correct amount of time to give the notice
- give the date for the tenant to leave.
The timeframes for serving a notice to vacate under the Residential Tenancies Act 1997 differ, depending on the reason.
5. Use a managing agent
Being a Landlord can be stressful, especially when you have multiple properties to worry about. It might be best for you to find an agent to give exclusive rights to find a tenant and authorise them to manage your rental property.
Speak to at least two or three agents in the area. They should have experience in property management, be able to give you a comprehensive list of the services they offer and provide you with a schedule of their fees or costs. Research the internet and local newspapers for agents to contact.
47
About the Author
Solicitor at Davis Zucco Lawyers
My name is Terry Dehghani and I am a 3rd year solicitor, based in Melbourne at Davis Zucco Lawyers.
We are a general practice, working in various areas of the law. I like the fact that I have a broad range of experience, as it allows me to offer services to a greater portion of the community ...
