Incentivising Tenants to Move out - Suggestions

To my beloved community, I reach out to you, once again, to provide direction on how to proceed with another (weekly) Real Estate problem.

Quick background:

2012 - Built and moved into dream home.
Late 2014/ Jan 2015 - Relocated interstate for work (occupation requires our family to move quite frequently)
Jan 2015 - Rented property out for an initial 12 month period. REA advised (repeatedly) to renew lease on monthly basis upon completion of initial 12 months as depending on work availability, we may dispose of the property early 2016.
Jan 2016 - REA renews lease for additional 12 month period. REA subsequently fired and property moved to new REA.

Now:

Unfortunately, due to personal and financial constraints, we have arrived at the point that we are unable to continue the lease and must dispose of the property sooner rather than later. We have been advised by the REA that due to the location and "executive" style of the property, if untenanted would be lucky to last a fortnight on the market, however as expected, this would increase exponentially tenanted.

In an effort to achieve the best possible outcome for both the tenants and my family, I have spoken with our REA and NSW Fair Trading. After our little chat, Fair Trading has left with the following options:

  • Apply to the tribunal for termination of the lease under "Hardship"; or
  • Provide an incentive to the tenants to move out either within an x period or prior to settlement (example given: offer to pay for the "disconnection and reconnection" of services at the vacating and new property).

Idealistically, I would like to offer the tenants an enticement to move from the property so that I can list and sell vacated. However, due to their circumstances they are not willing to move immediately, the advice I have been given by the REA, is that they will start to search in August/September (lack of suitable properties/working away).

I have no intention of insulting the tenants with an offer mirroring the example I was given. At the moment, I am thinking more along the lines of a monetary payment, continued payment of water usage (not in lease, however I've always paid as part of the water rates) and possibly the maintenance of the lawns. The underlying issue is that the payment of any monies would be made on successful sale and settlement of the property.

I have spoken to a few friends regarding the amount of money to offer and have come across conflicting suggestions. As it stands I am willing to go to a maximum of "X" which is what I consider to be a substantial amount of money (000's). Some friends have suggested a lower offer and negotiate towards the maximum figure, whilst others believe offer the maximum amount straight up to shock them out.

Ultimately, I am just after advice as to which direction I should take Hardship vs. enticement. If enticement - partial or full amount.

For bonus points:

Would it be better for me to approach the tenants directly (through email) to explain the circumstances and make the offer/enticement, or do I have the REA undertake this on my behalf.

Side notes:

Whilst unfortunate, it has come to the point where the welfare of my family outweighs the welfare of our tenants.
Both the tenants and I come from an organisation that our housing and removals are covered by the organisation, therefore the tenants theoretically would not be out of pocket by vacating the property.

Comments

  • +5

    Do the tenants keep the property neat and tidy? If so they can help sell the property and they won't need to move out.

    If you do need to kick them out I would try offering enough money to hire a removalist plus say $500 or so as an incentive.

    • +1

      If you do need to kick them out I would try offering enough money to hire a removalist plus say $500 or so as an incentive.

      Yeah even 2 weeks rent, give them a buffer for moving into the new place :)

      • -1

        the removals are covered by a 3rd party for the tenants , thus that part is not a incentive

        • Yeah I wasn't referring to the removalists

      • Agreed with the free rent (3weeks and $500 removalist). A percentage of the sale sounds like a bad idea especially if you are selling in the Sydney or Melb market where prices go over the reserve. The market has slowed but still doing well in the prime areas.

    • We have driven past the property numerous times and the yard has been maintained to an immaculate level (I love my lawn). Reports from REA (both previous and new) is that the property is maintained to a very good standard.

      I was looking around the 5k mark to give them a high enough incentive to leave, possibly in the form of 4 weeks free rent and the remainder in $$$.

  • Maybe offer them a small percentage (say 0.5% - $2500 on a $500K sale) on settlement of the house sale price if they will give vacant possession to the new owners. That way the new owner can move in right away and the tenant won't sabotage any sales. They will have fair notice to move from the time contracts are signed until the settlement date.

    If they refuse then it is possible to have the real estate sales person schedule entry every second day, to show prospective buyers through, they cannot stop entry if you serve the correct form and give them 24 hours notice. Ask the agents to look for any breaches of the lease and serve breach notices right away - they will quickly grow tired of strangers coming through the place and want to leave asap…

    • I was thinking around the 5K mark to hopefully incentivise them out of the property and into a new one.

      I don't want to muck them around with constant annoyances as I can see that going either way, and knowing my luck with this property…

  • $5k upon sale of the house, or $2000 (or whatever you can realistically afford) now. You want to make them an offer too good to refuse.

    Because the first real estage agent acted against your wishes though, wouldn't you have had a good case to have the contract cancelled, given that you'd never agreed to it?

    • "Because the first real estage agent acted against your wishes though, wouldn't you have had a good case to have the contract cancelled, given that you'd never agreed to it?"

      I brought this up with the initial REA when it happened and the response I received was "Oh, thats a pickle. Can't do anything about it". I've spoken to numerous REAs (family, friends, etc) and unfortunately it is a binding contract as it was entered by my "agent" even if it was against my issues.

      I was informed that I can take legal action against the Real Estate, however, they have sold to another franchise and no longer exist.

      • I'm sure I've read somewhere that if someone acting on your behalf signs a contract or enters into an agreement where they did not have your full consent, the contract is null and void.
        In that case, the contract is not binding. In fact, it's not worth anything.

        • That was my argument when I was discussing with Fair Trading and was advised that is contract law and does not apply to this situation. The best I could hope for is to take the individual REA to the Tribunal and be awarded the Property Management fees for X amount of time.

  • "We have been advised by the REA that due to the location and "executive" style of the property, if untenanted would be lucky to last a fortnight on the market, however as expected, this would increase exponentially tenanted."

    Really? lets say it doesn't sell so quickly, with no rental income what then, will you be forced to take any low ball offer that comes your way.

    • Agreed. Really question the REA's intentions, the ones I've dealt with are liars and shark-like.

      • I agree, I have never really trusted REAs and the actions of the previous one has left a sour taste in my mouth. I have decided to contact the tenants direct via email bypassing the REA and offering them a package to move out on settlement, hopefully this will provide them with enough time to look for an alternative property.

        As it stands I'm more attached to the tenants than I am the actual property, I am trying to put measures in place so that I'm not mucking them around too much.

        • They may need moving costs up front if they don't have the cash to pay for it themselves.

        • Our company pays for all our moving expenses, from my last move interstate I was out of pocket $50 for a connection of some sort. However, I would be more than willing to assist with any up front costs that they may occur.

  • I'd say to offer them say 75-80% of your generous maximum incentive, to give you some wiggle room.

    They will be aware that: a) they will have to move out in a few months anyway; and b) they will not get this kind of financial assistance if they wait for those few months.

    You are more likely to get an acceptance if you don't make the payment conditional upon the sale of the house, but of course you are probably financially constrained in this respect.

  • +1

    There's got to be more to this story. Can real estate agents really extend leases by 12 months without consultation, approval, signature, nothing?

    • Sure can, its fiduciary duties.

      • So you have given them power of attorney over your property, as if you are an infirm senior citizen. I am still sceptical … surely not.

        • I'd love to give you the supreme title of the internet's super sleuth in cracking the case and shower you with accolades such as "The Modern-day Sherlock Holmes" but unfortunately, it is clean-cut as I have stipulated. REA was given direction to renew the lease on a month-by-month basis, and they acted contrary to my wishes.

          On a serious note, NSW Leases can be renewed by the Real Estate agent under the direction of the Landlord, they are your agent after all, senior citizen or otherwise.

  • +1

    I would come to a financial arrangement with the tenants as you discussed prior to listing the house and depending on the buyer's intention they will either have to vacate with financial compensation or get to stay.

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