NSW Evicting a Tenant - What are My Landlord Rights?

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Drake

Member
7 January 2017
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Hi,

I am a landlord in NSW wishing to kick my tenant out. There is no written contract between us but when the tenant moved in, we did have a verbal agreement stating that I would give the tenant 14 days notice to move out in the circumstance that I required the space to be vacated. The tenant agreed. (I cannot prove this, however, my past tenants have all obliged whenever I wanted them to move out within 14 days).

This tenant has made the space I am renting to the tenant extremely dirty and disorganised and has appeared to ignore my pleas for the tenant to clean up the space (I have asked the tenant on several occasions and not once has the tenant done any cleaning). I am not sure if this is means that the tenant is on the grounds of; "the premises being destroyed or wholly or partly uninhabitable" (quote from fair trading), where the tenant has left the place partly uninhabitable (under my standards).

I want to know what I can do to kick this tenant out and how many days notice I must give this tenant and what my landlord rights under property law are in this situation. I cannot afford a lawyer and my legal understanding is fairly limited.

Any help would be great thanks.
 
S

Sophea

Guest
Generally when you only have a verbal contract you can't evict a tenant without cause. You can terminate immediately if the premises become wholly or partially unliveable however this is not based on your subjective viewpoint solely.

A court would need to determine this. You can evict with 14 days notice if there is a breach of the tenancy agreement such as behind with rent or otherwise. The lack of cleaning and failure to maintain the property could constitute a breach of the standard tenancy agreement, however you only have a verbal agreement which I assume does not touch on cleaning obligations of the tenant, so you may find it difficult to prove that he is in breach of anything, despite the fact that you have asked him to clean it up.

Not having a written agreement does complicate matters. I would attempt to evict him with 14 days notice to failure to keep the property in disrepair. If he doesn't think that that's lawful he can take you to NCAT.
 

Rubyy

Member
15 June 2018
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Hey guys i need your help and advice

I rented out part of my place for a tenant but i didnt get her to sign a residential agreement but i did have like terms and conditions outlining the rent amount, gas and water bills being split etc depending on number of occupants as the water and gas is not separetely metereed. I got her to sign at the bottom of each page, as I have explained each point.
The electricty has the main and a smaller one which the front of the house runs through and i do the subtraction to get the back portion of her use.


3 sets if bills in approx 10 months now and shes been constantly late in rent and post poning in paying bills and not only that she has now been19 days behind in rent ...and now shes sending me letters saying i havent given her a proper residential agreement etc

And also the meters are not separate so technically she doesnt need to pay!! And she wants reminbursement etc thats like 2k worth of bills?!!

Dispite the fact i dont live there and that the front has another tenant that just moved in.

On numberous occasions she(the back tenant) has had people over living there more than 2 wkscontinously

But i never asked her to pay more than her number of occupants she originally had signed up for initally and i was happy to cover the extras.

I have believe i have been very accommodating and relaxed...but now shes looking to get some money..


Please i need help

Do you think i have a case or not?

can i evict her without a headache from paying more ?

its been 20 days over due for her rent ...