How to end a tenancy as a landlord agreement

Posted on 10 Oct 2023

Landlords and property managers don’t leave the end of the lease process to chance. Clear communication, detailed checklists, and straightforward guidelines are your keys to a hassle-free end of the rental lease agreement.

How to end a tenancy as a landlord demonstrated with a handshake between a landlord handing over the keys to a tenant, symbolizing the end of a tenancy agreement

The rules and regulations in Melbourne

As a rental property owner in Melbourne, it’s imperative to be well-versed in the Residential Tenancies Act 1997. The act outlines the rights and duties of both landlords and tenants. Understanding the specific regulations regarding notice periods, security deposits, and property maintenance is crucial. Stay updated with any amendments to the legislation to ensure your practices are always within the legal framework.

How to end a tenancy as a landlord

The bond is a security deposit for unpaid rent, property damage, or other lease agreement breaches. In Melbourne, the rental bond is lodged with the Residential Tenancies Bond Authority (RTBA). In Sydney: NSW Fair Trading.

Ending the rental lease agreement

Provide the appropriate notice period to end a tenancy, as outlined in the Residential Tenancies Act.

  • Notice period

Adhering to the notice period stipulated in the rental lease agreement, inform your tenants in writing about the impending end of their lease term.

  • Schedule a move out date

Coordinate with the tenant to schedule a mutually convenient move-out date. Clear communication helps avoid confusion and ensures both parties are on the same page regarding the move-out process.

  • Review the lease agreement and move-in checklist

Before the tenant leaves, check the rental agreement to make sure they did everything they were supposed to. Also, look at the list of things in the house and make sure everything is in good shape. This step is crucial for fairly handling the rental deposit and avoiding potential disputes post-move-out.

  • Comprehensive move out checklist

Offer your tenants a detailed move out checklist, ensuring they know all the tasks they must complete before vacating the property. Remind them to cancel or transfer utility services and update their mailing address for the return of their rental bond.

How to inspect the rental property

How to end a tenancy as a landlord demonstrated with a person examining a miniature house with a magnifying glass, symbolizing the process of a thorough property inspection before ending a tenancy

Conducting a meticulous property inspection is a crucial step at the end of the rental lease. The inspection should be as thorough as possible to assess any damage or necessary repairs.

  • Initial walkthrough

Begin with an initial walkthrough of the entire property. This will give a general overview and help identify any obvious issues that need attention.

  • Document the property’s condition

Utilise a detailed checklist to document the condition of each room and common area. Take photographs or videos as visual evidence to supplement the written record. This documentation will be crucial in disputes regarding property damage or the return of the security deposit.

  • Check for damages

Inspect walls, floors, ceilings, and fixtures for any damage beyond what’s typically expected from regular use. Check for problems such as wall holes, cracked tiles, impaired carpets, or appliances that aren’t working correctly.

  • Inspect the overall cleanliness

Assess the overall cleanliness of the property to ensure it adheres to the high standards expected at the end of a tenancy. Pay attention to every detail, examining all rooms, corners, and surfaces. Ensure no debris, dust, or grime in any property corner and that all areas, especially the kitchen and bathrooms, are sanitised.

  1. Walls: Check the walls for marks, the floors for stains, and the windows for cleanliness.
  2. Carpets: If the property is carpeted, ensure the carpets are clean and free from stains or damage.
  3. Kitchen appliances: Appliances such as the oven, range hood, and fridge should be clean inside and out, and all fixtures should be in working order.

If the level of cleanliness could be better, coordinate with the tenant for necessary cleaning or hire professional cleaning services to restore the property to its optimal condition. Ensuring a clean and hygienic property is fundamental for the satisfaction of the next tenant and maintaining the property’s value and appeal.

  • Assess necessary repairs

After the inspection, promptly address any maintenance issues or repairs identified. Prepare a list of tasks to be done. Based on the lease agreement and local regulations, analyse the responsibility for each repair, whether it falls on the landlord or the tenant.

  • Provide a detailed report to the tenant

Provide the tenant with a comprehensive report of the findings. Clearly outline any damages and the estimated costs for repairs. This transparency helps in avoiding disputes and ensures a smooth transition.

  • Schedule repairs

If the damages fall under the landlord’s responsibilities, hire qualified professionals to ensure the work is done to a high standard. Ensure all repairs are completed efficiently and effectively to prevent future issues. Confirm that all maintenance and repairs are completed before the new tenant moves in to ensure the property is in excellent condition, providing a comfortable and safe living environment for the next occupant.

  • Calculate deductions, if applicable

If any damage or issues are the tenant’s responsibility, calculate the necessary deductions from the security deposit. Provide a clear and itemised list of all deductions, including the cost of repairs, replacements, or cleaning services. Ensure that the calculations are fair and justifiable, adhering to the terms outlined in the lease agreement and complying with local regulations.

Before finalising the deductions, please communicate with the tenant to discuss the details and provide them with the itemised list. This transparency helps avoid disputes and ensures a mutual understanding of the deductions made. After deductions, ensure the remaining security deposit is returned to the tenant within the legally stipulated time frame.

Returning the rental bond

After calculating any necessary deductions, return the remaining security deposit to the tenant. Ensure the process is transparent by providing the tenant with a detailed, itemised statement highlighting any deductions made and their reasons. This statement should be clear and concise, allowing the tenant to understand each deduction’s justification.

Returning the security deposit within the timeframe specified by local regulations or the lease agreement is crucial. If there are delays, communicate with the tenant and provide reasons for the delay, ensuring transparency and maintaining trust.

  • Use a reliable payment method

Pick a trustworthy and easy-to-keep-track-of way to get paid, like using a bank transfer. Give the tenant a receipt or a copy of the payment form to show that the payment happened. This step ensures a smooth end to the tenancy and fosters a positive landlord-tenant relationship, which can benefit future references or dealings.

  • Dispute Resolutions

If a dispute arises with a tenant, try to resolve it by communicating with the tenant. If you cannot resolve the dispute, you could seek mediation:

  1. For Melbourne: Apply to the Victorian Civil and Administrative Tribunal (VCAT) for a hearing or seek mediation through the Consumer Affairs Victoria.
  2. For Sydney: You can seek mediation through the NSW Fair Trading or apply to the NSW Civil and Administrative Tribunal (NCAT) for a hearing.

Frequently asked questions

How does a landlord end a tenancy?
A landlord must follow proper legal procedures to end a tenancy in Australia. They cannot simply ask a tenant to leave without proper notice. The landlord must issue a formal written notice to vacate, stating the reason for ending the tenancy and the date by which the tenant must leave. The reason could include the end of a fixed-term lease, breach of tenancy agreement, sale of the property, or the landlord needing the property for personal use. The notice must comply with the specific requirements of the state or territory’s residential tenancy laws. If a tenant doesn’t leave by the specified date, the landlord must apply to the relevant tribunal (such as VCAT in Victoria or NCAT in NSW) for a termination order before taking any further action.
How much notice does a landlord have to give a tenant to move out in Australia?
The notice period varies depending on your state or territory and the reason for ending the tenancy. In most cases, landlords must give 60 to 90 days’ notice without grounds at the end of a fixed-term lease, or 90 days’ notice during a periodic lease. For breaches of the tenancy agreement, notice periods can be as short as 14 days for serious breaches or 7 days for non-payment of rent. If the landlord is selling the property, notice periods typically range from 30 to 60 days. Some states have recently increased notice periods to provide greater tenant protection. It’s essential to check your specific state or territory legislation, as requirements differ across Australia.
How much does it cost to cancel a tenancy?
The cost of cancelling a tenancy depends on the circumstances. If you’re a tenant breaking a fixed-term lease early without grounds, you may be liable for break lease costs, which can include rent until a new tenant is found, advertising costs (typically one to two weeks’ rent), reletting fees, and any rent loss the landlord suffers. These costs can range from a few hundred to several thousand dollars depending on how long it takes to find a replacement tenant. If the tenancy ends by mutual agreement or at the natural end of the lease period, there are typically no cancellation costs. If you’re ending the lease due to the landlord’s breach or other valid reasons recognised by law, you may not face any penalties. Always review your tenancy agreement and consult your state’s tenancy authority for specific information.
Can you just end a tenancy agreement?
No, you cannot simply end a tenancy agreement without following proper legal procedures. Both landlords and tenants are bound by the terms of the tenancy agreement and relevant state or territory laws. If you’re a tenant wanting to leave during a fixed-term lease, you need valid grounds (such as domestic violence, uninhabitable conditions, or job relocation in some states) or you’ll face break lease costs. If you’re on a periodic lease, you must give the required notice period, which is typically 21 to 28 days depending on your state. Landlords must also follow specific procedures and provide proper notice with valid reasons. Simply abandoning a property or forcing someone out without following legal processes can result in tribunal action, financial penalties, and potential legal consequences. Always communicate in writing and follow your state’s residential tenancy laws.

Key Takeaways

  • Effective communication with tenants – clear and timely communication with tenants is crucial for scheduling move-out dates and resolving potential disputes amicably.
  • Thorough Property Inspection – Conduct a detailed inspection to assess the property’s condition, identify any damages, and document everything with photographic evidence.
  • Transparent Handling of Rental Bonds – Ensure a fair and transparent process in calculating any necessary deductions from the security deposit and returning the remaining amount to the tenant.

Are you looking for a thorough bond cleaning checklist to provide to your tenants? Look no further than our Bond cleaning checklist.