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Tennants breaching tennancy agreement

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Mel | 29 Mar 2017, 11:02 PM Agree 0
Hi all I am in need of some advice. I have been a renter since i was 18 and i am now mid 30s up until 4 years ago when i purchased my first property with my partner. So i personally have been a rental tennant for many years till this purchase. We recently moved to a family homestead on a farm and decided to rent out or house. We live in SA and recently completed a landlords inspection due to current tennants failing their previous inspection 28 days prior. They were given a notice with a list of all the things to fix up that were unsatisfactory/damaged and things that were in breach of there tennancy agreement within 28 days and a reinspect would be done. They were given a date and time. They obviously got their dates mixed up as they were not expecting us so we found the house in the way it would be day to day. During the inspection that was carried out by our property manager and myself we found the tennants to still be in breach of almost all of their tennancy agreement and none of the required breaches had been remedied at all. Apparently although we have pictures of the state of the trashed house and all the ongoing breaches and that both myself and our property manager saw all of this it is not enough to prove anything to SACAT to have them immediately evicted. If we go to SACAT it costs us not the tennants and they still may not be evicted as none of there breaches are apparently considered major. If we give them the required by law 90 days to move out then they still obviously wont fix anything and the quotes to fix and clean is already $1000+. We wont get any of that out of them and we have also been warned that they could also stop paying rent in this time too. Does anyone have any advice as I cant see why a tennancy agreement is even done and signed by both parties if it doesnt actually have to be followed. It seems like this agreement which is required is not worth the paper it is written on. Why if tennants blatently breach the agreement with no consequences it is that landlords too cant breach this agreement with no consequences. Its simple to me of you legally agree enter into and sign a contract with a company that includes specific conditions but then breach that contract over and over shouldnt that company then have the right to end the contract immediately if they see fit. If my tennants are breaching their agreement why do i still have to play by the rules? Fair is fair right?
  • abdimen | 05 Apr 2017, 07:29 PM Agree 0
    Breach of your agreement means you have broken one or more of the rules of your tenancy agreement.
    The alternative should you choose to solve are sharing with the management property consultant and get the law process.
  • Tiki | 05 Apr 2017, 08:37 PM Agree 0
    Hi Mel.

    I totally agree with you, but unfortunately the tenancy laws seem to increasingly favour the tenants. This is probably because
    the Housing Trust, which used to provide housing for lower income people, is doing so less and less so the government wants
    to ensure that tenants' rights are protected so all these people have a home. I really share your frustration and it gets really hard
    to put up with people feeling entitled to your house and to be able to treat it and you as they please. What I would really
    recommend is investigating getting the best property manager you can. Google what to look for. I know Margaret Lomas has
    written a detailed list of questions to ask them in one of her books. This makes all the difference as good property managers are
    vigilant about selecting good tenants, and in monitoring them on your behalf. Don't be put off and give up yet, as there are lots
    of decent people out there (like you) who rent. Good on you for going to the inspection and please keep monitoring your
    property management and your house as no-one cares for it like you do, unfortunately.

    Good luck.
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