Issuing a notice to vacate when there is no rental agreement?

[oldfarmhouse]

Hi all,
I have a tenant on a my rural property that has been in an old farmhouse since 2009 - when the tenant moved in the house and gardens were in a clean and tidy condition, and the tenant agreed to keep the house and gardens in good order.
There is no signed or formal rental agreement.
The gardens are now in in a terribly overgrown state and as the farm property is going to be sold the tenant has been given fair warning that the gardens ans surrounds are in a not in a suitable state to have the property valued and listed for sale as the current visual state of the farmhouse would devalue the property.
I am experiencing resistance from the tenant on attempting to remove the overgrowth after giving ample warning to the tenant that the garden is in a very poor state.
I have informed the tenant that they are welcome to stay if the gardens are cleaned up (and I have offered to help as it is in my best interests!) until the property is sold when the new owner can let them stay or give them notice to vacate.
I am not a uncaring a***hole, but if the tenant refuses to negotiate, by law how many days notice can I give to to vacate so I can then go and clean up the property unhindered?
-Thanks in advance.

 

[Nighthelyn]

Dear oldfarmhouse,

Even when there is no written agreement, you can confirm the existence of a verbal contract through conduct - you presumably has a record of regular payment from the tenant for example - the residential tenancy law of your state would apply. Every state has slightly different rule (residential tenancy board of that state can clarify for you). If NSW, you need to give 90 days notice for landlord to without ground (unless you can prove the tenant is to maintain garden without written agreement) evict the tenant. Ending a residential tenancy

If the tenant resists moving out, you would usually apply to NCAT tribunal of your state for an order, then with notice do everything reasonably necessary to remove and exclude the tenant after the required period (you may need to hire people, and a locksmith) and change the lock.

Good luck!

-Nighthelyn