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12-09-2019, 11:57   #1
notahappycamper
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Tenant unable to confirm moving out date

Hi,

I have tenants who have told me they are buying their own property and will be moving out.

They haven’t signed contracts yet and the property is nearly finished.

Given the length of time they have been renting they are required to give me 84 days notice.

I am obviously trying to arrange viewings and am unable to give any prospective tenants a date they can move in.

I don’t want a situation to arise where they say the builder wants to close in 3 weeks time and no one is lined up to take over the property or they leave on very short notice.

What is the best way to deal with this situation?
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12-09-2019, 12:09   #2
Lux23
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I suppose you could enforce the terms, and ask that they give you 84 days notice. I think that's the fairest thing for you.
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12-09-2019, 12:20   #3
Star Lord
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We've been the tenants in a similar situation, and just gave the landlord a data by which we thought we'd be able to have been ready to go. Things did drag out a little, meaning we were starting to sweat over being left temporarily homeless, but thankfully will be moved in time.

As the poster above suggested, you could ask that they give you the 84 days notice, or, if it works out for both of you, agree that they give you X notice (which could be less than the 84 days, so for example a 30/45/60 days notice), so that they'll be giving you sufficient notice for you to get new tenants in.
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12-09-2019, 14:48   #4
Old diesel
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Tenants are probably worried that if they give you a date and then there's a delay then they are stuck with no place to stay .
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12-09-2019, 15:18   #5
FishOnABike
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I suppose you could enforce the terms, and ask that they give you 84 days notice. I think that's the fairest thing for you.
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Tenants are probably worried that if they give you a date and then there's a delay then they are stuck with no place to stay .
A bit of both I'd say - The tenants don't want to give official notice until they know when they are moving into their new house but they also need to be aware of their responsibility to give the required 84 day notice.


They can't have their cake and eat it. If they want the certainty of overlapping their tenancy with moving they may need to be prepared to pay for it. this could be anything from next to nothing up to the full rent for 84 days depending on how quickly the property can be relet.
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12-09-2019, 15:24   #6
tigger123
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A bit of both I'd say - The tenants don't want to give official notice until they know when they are moving into their new house but they also need to be aware of their responsibility to give the required 84 day notice.


They can't have their cake and eat it. If they want the certainty of overlapping their tenancy with moving they may need to be prepared to pay for it. this could be anything from next to nothing up to the full rent for 84 days depending on how quickly the property can be relet.
Does this impact whether you have to give the full 84 days or not (as a tenant)?

Last edited by tigger123; 12-09-2019 at 15:25. Reason: clarity
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12-09-2019, 16:07   #7
Samuel T. Cogley
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If they've been good tenants and are keeping you in the loop cut them some slack imho. You'll rent at short notice easily enough in most urban areas, trickier if it's a hard to let place.
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12-09-2019, 16:21   #8
ChewBerecca
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We're tenants in a similar situation but have not yet given notice to our landlord. We fully intend on giving the required notice and paying rent appropriately (even if we move out early), however we don't want a situation where our house purchase falls through (we've signed but not exchanged) or is delayed again.

I'd say your tenants might be waiting to provide official notice but it doesn't hurt to ask if they will be giving you an exit date.
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12-09-2019, 16:27   #9
FishOnABike
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A bit of both I'd say - The tenants don't want to give official notice until they know when they are moving into their new house but they also need to be aware of their responsibility to give the required 84 day notice.


They can't have their cake and eat it. If they want the certainty of overlapping their tenancy with moving they may need to be prepared to pay for it. this could be anything from next to nothing up to the full rent for 84 days depending on how quickly the property can be relet.
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Does this impact whether you have to give the full 84 days or not (as a tenant)?
Legally the tenant has to give the required 84 days notice. If the tenant moves out with less than the required notice they are liable for the resultant loss but the LL is obliged to mitigate that loss.


I'd agree with STC
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If they've been good tenants and are keeping you in the loop cut them some slack imho. You'll rent at short notice easily enough in most urban areas, trickier if it's a hard to let place.

The LL can agree to less notice and it can be best all round if there is a bit of give and take if there is good communication between the LL and tenanat with the LL helping the tenant by accepting less notice if they are kept in the loop and the tenant facilitating viewings for a quick relet near their moving date.
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12-09-2019, 17:34   #10
stratowide
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I was in this situation when buying my house.Was dealing with a letting agent and was there four years.

She said that we will take it on a month by month basis.I pay one month in advance on rent day.it was an informal arrangement.It took about 4 months for me to sign contracts.

Think I lost about 2 weeks rent in the overlap.couldnt be helped really.

She was very accommodating about it.She told me afterwards that a new tenant moved in the following week.

Everyone was happy.
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12-09-2019, 18:10   #11
tigger123
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Legally the tenant has to give the required 84 days notice. If the tenant moves out with less than the required notice they are liable for the resultant loss but the LL is obliged to mitigate that loss.
Cheers for the response. Is it in the legislation that the landlord is required to mitigate the loss?
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12-09-2019, 18:30   #12
Old diesel
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Originally Posted by FishOnABike View Post
Legally the tenant has to give the required 84 days notice. If the tenant moves out with less than the required notice they are liable for the resultant loss but the LL is obliged to mitigate that loss.
Cheers for the response. Is it in the legislation that the landlord is required to mitigate the loss?
I believe there might be an established legal precedent on "obligation to mitigate loss" from a case involving a fishing boat back in the 70s.

Edit someone leased a fishing boat out and the person they leased it to breached contract .

However AFTER that the person who owned it let it go into desrepair.

They took a case for the breach of contract and the boat going into desrepair.

But the boat went into desrepair due to owner neglecting it AFTER getting it back .

So judge made a finding that basically established a legal precedent that you are obliged to mitigate loss.

In the Fishing boat case the owner should have taken steps to protect the boats condition.

Last edited by Old diesel; 12-09-2019 at 18:54.
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12-09-2019, 18:55   #13
FishOnABike
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Cheers for the response. Is it in the legislation that the landlord is required to mitigate the loss?
I don't think it's anywhere in the Residential Tenancy Act. I'm not a legal professional but I understand it is a general principle that a person should try to mitigate any loss. i.e. in the above circumstances if the tenants moved out with only one months notice the landlord could not simply sit on his/her hands for another fifty-three days and expect the tenant to pay for those fifty-threee days. The LL would have to advertise and relet the property without undue delay but the tenant could be held liable for any loss of rent arising from the period of vacancy due to their inadequate notice.

Edit: I see someone more knowledgeable than I has given an explanation of the principle / precedent of mitigating a loss
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12-09-2019, 19:07   #14
handlemaster
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If they've been good tenants and are keeping you in the loop cut them some slack imho. You'll rent at short notice easily enough in most urban areas, trickier if it's a hard to let place.
and if she doesnt the tenant will pay any short fall in revenue ?
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12-09-2019, 19:59   #15
Samuel T. Cogley
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and if she doesnt the tenant will pay any short fall in revenue ?
It's not about extracting every possible cent from people it's about doing the decent thing. Otherwise we're no better and possibly worse than the REITs.
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