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What can tenants do as landlords if they stop paying rent?

 
[RealEstate]     01 Feb 2018
In Australia, the dispute between the landlord and the tenant is inevitable. In this case, as the landlord, it is necessary to deal with the loss to the minimum with the help of the relevant decree and the advice of the professional lawyer. When the tenant and the landlord have reached the rent agreement directly, the rent is a very important clause, and the tenants pay the rent on time as needed ...

In Australia, the dispute between the landlord and the tenant is inevitable. In this case, as the landlord, it is necessary to deal with the loss to the minimum with the help of the relevant decree and the advice of the professional lawyer. When the tenant and the landlord have reached the rent agreement directly, the rent is a very important clause, and the tenants pay the rent on time as needed is a very important part of the rent clause. When the rent is to be paid, the tenant is sometimes unable to pay the rent on time. In this case, what can the landlord do?


Application to New South Wales Civil and Administrative Tribunal NSW Civil and Administrative Tribunal

If tenants continue to pay rent a few days later, as landlords, they have the right to apply to the New South Wales Civil and Administrative Court, (NSW Civil and Administrative Tribunal), to pay the rent on time as agreed.

As a landlord, to facilitate your search, you can use a number of relevant Australian decrees, such as

  • (1) (a) Residential residence Act (Residential Tenancies Act 2010: application for an order to restrict the tenant from committing a breach of a lease; and
  • (1) (b) Residential residence Act (Residential Tenancies Act 2010): application order requiring tenants to pay rent strictly in accordance with the agreement.

Depending on each case, we recommend that you find your application in the relevant articles. However, how to apply specifically, you need the guidance and help of a professional lawyer.


Notice of termination of rent agreement

If the tenant fails to pay the rent 14 days after the due date, the landlord has the right to issue a notice of termination of the rent agreement to the tenant. This termination notice is in writing and must be co-signed by the real estate agent and the landlord (if the rent is entrusted to the agent by the landlord), the address of the tenant and the following information must be stated:

  • When should the tenant clear the room (for at least 14 days). Why would you give this notice? In such cases, the rent is usually due to the expiration of 14 days and the tenant has not paid the rent;
  • The landlord will also issue a statement making it clear that tenants will not have to empty their rooms if they can pay all the rent they owe, or if they agree to sign a repayment plan for the landlord's consent.

Of course, the specific situation depends on your specific situation to handle flexibly.


The tenant's repayment plan.

If the tenant is willing to pay the rent owed, the two sides can agree to a repayment plan, which must be agreed by the landlord.

The ultimate goal of the landlord is to rent the house smoothly and earn the rent. You need a professional lawyer to tell you how to protect your legitimate rights and interests when you meet a tenant who is renting a house as a landlord.

This article does not constitute a legal opinion. Your specific situation needs to consult a lawyer and get an answer.


Contribution: Sheng Ze law firm, Australia

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