Issuing ‘No-Fault’ Evictions as a Landlord to Tenants in WA

I have two properties and due to my work reasons the current one I am living in, is an hour from work and it’s been torturing me for a long time.

The second property which I wanna move in, has a fixed term lease till November 2024 (signed by the previous owner).

As much as I want to solve this in a polite and civil way.

  1. I offered $1,500 cash for tenants to move if they were able to move out before Jan 2024. As a compensation for their troubles.

  2. I offered they can break the lease after Jan 2024 if they give me two weeks notice and I really need the house back for myself.

Now I’ve seen in WA I can potentially do ‘no fault’ evictions, I am just wondering if that’s really the way I should go.

It cuts down my travel from maximum 1 hr and 10 minutes to 7 minutes -13 minutes to when it comes to traffic.

I have 12 hour shift normally, I also need to do everything by myself as family is far away and I’m currently single. this stresses me out since last year.


OP Edit: Resolved . No more questions. Thanks.
Comments not helpful

Comments

  • +6

    What did they say when you went the polite way? Also did you check the original contract any notes in there regarding the breaking of lease and how it affects either of you?

      • +2

        They say they are looking for a house but just couldn’t find a similar one yet.

        A house to buy, I assume. Otherwise, might they be interested in the one you're in now?

        • +1

          There are very few established homes for sale and to rent in Perth on the market.

          It is likely they are actually struggling to find a suitable new rental.

          OP, jump onto realestate.com etc and try to find an established house 13 mins from the city. Make enquiries. See how you go. $1500 won't get you anywhere.

      • +8

        You should get a copy of rental agreement… I did cause i want to see the signed contract when i heard stories of agents sneakily charging more than what they told the landlords.

      • +2

        The rental lease is between you and the tenants. It is signed on your behalf by the real estate. Your contract with the real estate says they can act on your behalf.

        The real estate will tell you that you can't evict them without cause until the end of the lease. You can only ask them (and offer incentives) to leave.

      • They act on your behalf, would be in the agreement you signed with them.

    • +9

      Unless the tenant does bad things, your only chance for eviction is this:

      Western Australia Termination by Landlord

      Termination by applying directly to court

      The landlord can apply directly to the Magistrate’s Court to terminate the agreement for any of the following reasons.

      Undue Hardship to Landlord—the landlord can apply directly to the court for termination if they would suffer ‘undue hardship’ if the agreement continued. ‘Undue hardship’ usually means some kind of extreme disadvantage, for example if the landlord’s current residence is destroyed and their only other accommodation option is to move into the rented premises. If the court makes a termination order, it will also make a possession order requiring the tenant to move out within an appropriate period, depending on the circumstances. The court may also order the landlord to pay compensation if appropriate.

      I don't see it happening. You'll need to increase your offer to settle it amicably.
      Or rent elsewhere until the lease ends.

      • +10

        Sounds pretty clear to me. OP needs to destroy his current residence.

        • +3

          Instructions unclear, OP evicted himself.

  • +57

    There's no getting out of it without the tenant agreeing.
    No fault eviction is at the end of the lease.

      • +111

        What would be the purpose of a lease if you could just kick them out for your convenience?

      • +17

        No, all contracts can be cancelled by whoever wants to later on, and the person who sold you that house wants it back now be cause it's worth more, so it's a really their house. Ok?

        • +8

          Since they have said they are looking for another place, consider offering to be a glowing reference. Help them, help you.

          Otherwise, they are fully within their rights to remain there till Nov-24. $1,500 won't cut it. Think of yourself in the tenant's shoes - why would you bother for that in this ridiculously competitive rental market? Reconsider what would be enough to encourage them to move out. Moving out generally includes an overlap of 2 leases which would cost them about 2-3 weeks rent anyway. Especially if done in a rush. Whatever sweetener you offer will have to be on top of that.

          • +1

            @bigbadaboom: Yeah I'd probably want something on the order of: $1000 + moving costs, and any other costs + any rental difference paid until Nov-24

            $5k may be closer to the mark

            • @trapper: Not even, they're looking to buy a house, not move to another rental.

              So this isn't just paying for the hassle of moving early, but also the hassle of having to move twice, rather than once.

  • +16

    Considering the state of rental vacancies in WA, you'd be hard pressed to get them to break their lease unless you actively helped them find somewhere else to move. If they refuse, well signing leases goes both ways. You're going to have to either up the offer, or wait till the lease is up. Crappy situation but dem the rules

      • +63

        $1,500 is a joke. There are about 184 work days between now and November, or 368 return trips for you. $1500/368 is $4. So you value your own time only $4 per 63 minutes. You really don't want to move in there I think if you value it so low.

          • +16

            @Kawaii:

            You cannot unilaterally evict or force anyone out of your rental property, no matter the circumstances, unless you follow the correct procedure. https://www.hereproperty.com.au/what-can-you-do-if-a-tenant-…

            The reasons listed are all about breaches and non payment of rent. Sounds like you can't just randomly evict them, and of course you can't that would be nuts. The no fault eviction is an option for you at the end of the lease, in November. You can tell them to leave and not offer renewal despite them having no faults, but only in November when their lease ends.

            Have you thought about just renting a place of your own for a year that's closer to work?

            • +20

              @AustriaBargain:

              Have you thought about just renting a place of your own for a year that's closer to work?

              Too logic and reasonable!

              • +25

                @LFO: He's probably worried about the landlord trying to evict him early.

                • +4

                  @JIMB0: Probably doesn’t want to have to move twice in a short space of time either, cos that’s a PITA 🙄

      • +44

        $1500 would barely cover the costs of moving. You'll need to offer more to actually compensate them for the inconvenience.

        I'm sure they're taking really good care of your property after being insulted. 🤣

      • +8

        They now have to come up with bond+ first month rent plus moving costs for something they didn’t think they would need to do until November this year. How far do you think $1500 will get them?

      • +14

        5 months is not an “offer”, it’s a request from you. It’s fully within their rights to stay until November, and you knew this when you bought the house.

        $1,500 is nothing, I wouldn’t take that to move if I didn’t want to, it might make me move a month earlier but not a year.

        Go rent a house nearby until November then move in to your place then. Problem solved. You can put your $1,500 towards it.

      • +5

        $1500 isn't worth the trouble of finding a new place tbh

      • +3

        Honestly, I'd be offering $10,000 minimum for them to move as that would be more reasonable. That covers the cost of moving (including possible time off work), the cost to pay the bond and two weeks rent for the new place, plus any other inconveniences. That's assuming its a small family.

        • +3

          Yeah I was thinking $5k… but reflecting on that now there is no way I would be keen to pack up all my family and things and move house if someone offered me $5k to do it.

      • +7

        I'll give you $15 to close your Ozbargain account and never come back. I have unilaterally decided that you agree to this - cheers.

  • +1

    Have you tried offering them the place you currently live at a good price?

      • +8

        Get the train if driving is so stressful.

      • +10

        "😂they won’t want to live in there"

        In there?

        Sounds like you don't want to live there either? Is there something funny about that or do you find it humorous owning two homes, which one of is too far for you to drive to work and its stressed you out for a year??

        In my opinion, you should suck it up buttercup and drive till November 2024 because it sounds like you're in a good position, property wise, and you should leave your tenants alone if they're paying the rent not to mention looking after your property.

        • +1

          Right?
          They also bought the property knowing the tenants had a lease till Nov, so it's not like it's a shock….
          "Oh no, I agreed to a specific set of circumstances and they are panning out as predetermined…"

          • +2

            @JakeyJooJoo: It's always about the money and how much they can squeeze out of everything.

            It's a shame some people think they are the only ones whose circumstances change and it's ok to try and toss people out because its costing them more money, even though they are lucky enough to own two or more properties.

            And don't get me started about "foreign investors", not to mention they should change the tax laws on how many properties people own ie. one house 10% tax, two houses 20% tax, 3 houses 30% tax and so on.

            That might slow these donkeys down that are gobbling up properties and then slugging people astronomical prices for rent because they think it's ok to do so plus some sh1tty real estate agent told them too.

            • +1

              @scooba: Oh yeah, there's plenty of obvious policy changes like that foreign investment one you mentioned that could help everyday Australians, EG Negative gearing an investment prop to eliminate paying tax on your 400K exec salaries.

              In both the 2016 and 2019 elections, Labor promised to abolish Neg gearing and had a focus to cool the property market, and they got slapped down each election. They dropped the policy in 2022, boom, got elected. It's understandable that they wouldn't want to re-propose policies to cool off housing prices, people have spoken through their votes, twice.

              Too many Aussies are invested in forever increasing house prices, especially rich influential Aussies… It's totally rooted. If you don't own a house already, or if your family isn't rich, then you're stuffed. It's terrible. It might change, but the policies will have to be gradual in order for them to be palatable by lots of people.

              • +2

                @JakeyJooJoo: It's screwed from the top down and everybody knows it, not to mention the people gaming the system to make it work "for them" and some of those ones have zero conscience.

                I wouldn't believe a word out of ANY politicians mouth today, it's all hot air that's not even written by them but by someone on their "staff". They don't even know what they're saying till they practice it in front of the mirror or the staff before the press junket, and it is junk. I also love the little bounces they do when they're giving their little speeches, they've learnt well from their speech coaches lol.

                Yes you're right, I know people that mortgaged for million.4 and now their property is valued at a million.1. It's crazy that people still think the "safe as houses" mentality still works in this day and age, absolutely mental!

                I've spoken to people who are thinking of voting informal going forward and I'm not surprised when these wonderful politicians aren't inspiring any confidence in people.

    • +119

      How terrible that a landlord should honour the terms of their lease…🙄

      • +21

        Nah, leases are just for lowly tenants

        Landlords don’t have to follow any rules… that’s why they have “lord” in the name … duh

        • +1

          I have found opposite, tenant can break the lease very easy a minimal cost to themselves. Its easier to just let a tenant break the lease then try and keep them in a contract they want out from.

          • @tomfool: I guess it depends how brave you are keeping an unhappy tenant potentially destructive tenant in your hard earned investment

          • +4

            @tomfool: They can break the lease, but they can't just walk away without cost. They still owe losses to the lessor, which usually means the rent until new tenants are found and any advertising costs etc related to getting those new tenants.

    • +50

      You have a legal and moral obligation to stand by the agreement that you voluntarily entered into.

      • +12

        But they're just noble entrepreneurs, offering a valuable service to their fellow humans! Why are they so hard done by? Discriminated against and unable to control the property that they bought with the hard fought sweat of their brow! (heavy /s there)

        (ugh, that felt gross to type out)

    • +61

      God, landlords make my skin crawl.

      The law favours the tenants

      Correct, to protect them from arsehole landlords

      We had to sign statuary declarations to say we wanted to move back in and wait till three months before the lease expires before we can ask them to move out.

      Sooo… You got them to sign a contract… but you think you should be able to rip up that contract when it suits you because you are the "landlord"? I bet if the shoe was on the other foot and they wanted to move out early, you would be forcing them to either stay or to pay you out the full term of the lease contract. You dont get to have it both ways. You sound like the same kind of landlord that wants to withhold a $2,500 bond because you found 2 dead flies in a window track.

      Here you go, something that might help with your dilemma…

    • +23

      In the end it wasn't your 'home'. It was your property, your house but not your home.

      Home (noun) - 1. the place where one lives permanently, especially as a member of a family or household.

      In your instance you're trying to get them to move out so you can make it your home. I can understand the frustration but you either knew it was tenanted when you bought it or you signed the lease yourselves. The commercial rate of rent includes the legal protections that everyone else also has to abide by.

      The law favours the tenant and of course it has to. There is a contract to make the property someone else's home, and they need to pay to move in and out, furnish the property, get power and internet services etc.

      I hope your move goes smoothly. When you're packing (and loading, unloading and unpacking) have a think of what it would be like if it wasn't your choice to move and it could be forced on you without any notice regardless of what else is going on in your life.

    • +6

      This must be a sarcastic joke. Please tell me it is!

      • +12

        Sadly there's many property owners who spend a significant amount of time sniffing their own farts and calling it perfume. Acting like they're hard done by "little aussie battlers" etc etc etc.

    • +20

      The law favours the contract. No one asked you to be a landlord.

      Australia is backwards. We need to start treating houses as a place to live. Not wealth creation. The market is a mess.

    • +1

      If you lease something to someone for 12 months, it's kinda theirs for 12 months. yeah they have to take care of it and stuff, but you least it to them and they paid you fair market value in return for having it for 12 months.

    • +8

      oi mate, the law favours the established contract between the parties. If you're willing to break the contract just on your whims. , you need to sweeten the pot so that other party is not hard done by.

      "yOu HaVe nO auThoRiTy oVeR YoUr oWn hOme"
      You were signatory to a lease agreement with your tenant. For the duration of the agreement they have the residency rights to your property as long as they adhere to the terms of the contact.

      We already have some pretty decent (still needs a lot of work) tenant rights in this country, and by jove, I can see why, given the absolute mouthbreathers who take on the mantle of "landlording".

    • +12

      It’s clear that as a landlord you have no authority over your own home.

      It's not your home though. It's an investment. The reason investors always love to play the pity game when the government strengthens tenancy laws is because LL's can't wrap their heads around investing and should never be a LL to begin with. Just like investing in shares and bonds, there are rules in place that you need to follow. If you don't like the investment, sell it off.

      I own a few IP's and have never looked at them as my "home". My home is where I live, my investments are what I buy and sell, regardless of what they are. I have no attachment to them beyond them being a means to increase my wealth and when they don't do that for me anymore, I sell it, as I have done a few times already. I treat my tenants with respect and dignity as I want them to look after my investment. Something that many LL's seem to not comprehend, it seems.

      The law favours the tenants, it’s absolutely crazy

      No it's not. Housing is a basic human right. Investing in property is not. Ofcourse tenancy laws need to be strengthened. And we are far from the strong laws in many EU countries.

      If you don't like it, sell. Stop giving LL's that do the right thing a bad name.

  • +16

    Maybe you could help them find a place to live. Yes you may "own" the house, but you also were happy to buy the house (I assume somewhat recently) with the knowledge there was a fixed term lease in place. Put yourself in their shoes and would you be happy to get kicked out of your house for $1,500 given todays rental market.

    Alternatively, you could just find a new job closer to your home in Mandurah, with some luck they'll give you a $1,500 sign on bonus as well.

  • +25

    Thankfully our piss weak tenancy laws can at least uphold a lease. You bought a place with a lease already in place, if they don't want to move you'll have to wait it out. If you try to evict them on some no grounds BS I hope it ends poorly for you.

  • +14

    The rental market is WA is very hot at the moment and I have no doubt that they are having trouble finding another rental.

    Thankfully they have a contract in place and can't just be put out because it inconveniences the new owner.

    Best just wait until November and make it clear early enough that you won't be renewing the lease

  • +17

    No one feels sorry for your extra travel. The plan you had when you purchased the property failed.

  • +9

    I have 12 hour shift normally, I also need to do everything by myself as family is far away and I’m currently single.this stresses me out since last year

    Call Lifeline.

    • -1

      Just remember if you feel sad as a man, nobody cares 🙌

  • +33

    I offered $1,500 cash for tenants to move if they were able to move out before Jan 2024. As a compensation for their troubles.

    This is… a total joke. How can this be serious?

    Just the cost of hiring movers is going to be far, far more than that.

    If I were in their shoes I would be both offended, and this be strong indicator that you are going to turn out to be an adversarial landlord/totally unrealistic landlord.

    • +3

      Really depends on their position. regardless of whether they take the early break lease or stay till the end of term they will still be up for moving as he obviously isn't going to renew, at least with an early exit they get some of their costs covered. If it was me I would try and push the offer up a bit.

      If I was the OP I would calculate out what them moving is really worth to me. 1 hour a day travel x 5 days a week x 4 weeks x 8 months. That is 160 hours of driving saved (assuming it is 1 hour combined their and back, double if each way). That must be at least $2k in fuel savings. Add in something for your time and car maintenance and I would be looking to offer $2.5-$3k as the starting point as you are no worse off by doing so.

      • +12

        OP mentions elsewhere that this comes 3 weeks of rent. It's a total piss-take.

        Sure, maybe, just maybe, the tenant wants to be moving out anyway. But the odds are low.

        Coming in with an 'offer' of less than a months rent to vacate 9 months prior the lease end is just bad messaging all around. Tenant knows for sure that the lease isn't going to be renewed, but the tenant also now knows not to expect this landlord to have a clue what constitutes reasonable behaviour.

        When I was renting my place out prior moving in, towards the end it was on a six month contract to make it very, very clear to prospective tenants that I was likely to move back in and the PM also told them as such upfront. So interest was limited to people who were looking for temporary accommodation prior buying themselves. I wasn't going to try dick someone around by unexpectedly turfing them out of their home, even if it was legal (which it isn't). Because I like to think that I am not a completely entitled arsehole.

        12 hour days, one hour commutes each way. Single- no kids, no responsivities. I used to do this all the time and would never have described it as 'torture'. FFS, what a load of whiny crap.

      • +2

        For me to move that much earlier than was planned, with no time to find the right place, with the state the market is in right now, with short notice and knowing that the landlord wants it to happen my lowest price would be 15K.
        That means my moving costs are covered, i can take time off work to look for something suitable and im not out of pocket if i find something slightly more expensive compared to where im already living due to the market prices at the moment $1,500 is an insult. If he wants to live closer to where he works, he can rent somewhere closer and im sure the rent money im paying, and the other property is paying will more than pay for it. If not its not my problem or concern that he made bad decisions

      • -1

        If they're planning on buying a house, then they would have to move from the current rental to a new rental, and then to their new house.

        But, if they insist on staying and buy during the next 6 months, then they only have to move once.

        That extra move isn't worth $1500. At minimum would need to pay the full cost of moving to the new rental + price difference in rent for comparable place on shorter 6 month lease + reasonable compensation for massive inconvenience.

  • +33

    Getting booted at the end of lease is hard enough as a tenant. The unavailability of longer term leases makes a tenant’s life precarious at best. Getting booted mid lease would be devastating. My last move cost me circa $4k. You aren’t even gonna cover that. Plus they may have to pay more to rent a similar place given market conditions. I expect you’d need to offer around $5-8k to make it cost neutral for your tenant leaving mid-lease.

  • +27

    is an hour from work and it’s been torturing me for a long time.

    I think you’re fundamentally misunderstanding the meaning of the word “torture”.

    • +39

      Torture is finally finding a house after months of looking, spending thousands moving in, settling in, getting everything working around your new abode and it's location… then being asked to leave months earlier than anticipated all because the landlord doesn't like their commute…

      • +14

        Torture is the landlord finally moving in and taking months to find the prawns left in the curtain rods by the evicted tenants.

      • +4

        then being asked to leave months earlier than anticipated all because the landlord doesn't like their commute

        Closer to a year.

  • +16

    Kicking out tenants in this rental market is low
    Gonna have to up their compensation to like 2 months bud

  • +13

    I offered $1,500

    Might have to throw in a box of eneloops and free Boost Sims.

    • Might need to let them use one of your Maccas or KFC secret app menu items as a sweetener.

  • +13

    Another option is to find a short term rental closer to work, and rent out both of your properties? In NSW you can often line up first leases for 6months, which lines up pretty well for situation. At the end of the 6 months you move to your new place. Any chance of that in WA?

    It has its own complications but solves travel issue. The costs shouldn't be substantially different:
    * You have 2 sets of moving costs (although 2nd move should be much closer)
    * Cost of rents should offset apart from management fees
    * You would have to put a bond on the new place, so some additional funds that could be in your mortgage
    * You get the additional time savings + actual cost savings of a shorter commute.

    The more trouble it is for you, then its the same troubles your current tenants would have moving. If you can't find a similar rental closer for similar money, well that's what you're asking the tenants to do and maybe its not reasonable.

    • +1

      Another option is to find a short term rental closer to work, and rent out both of your properties?

      Thats what I was thinking….

    • Plus income tax on the extra rental income

      We had to do this once. Different situation, but let our old home and rented at the new location for a year. Financially it wasn't good, but the best solution at the time. It left our options open.

      It's probably the best option for op

  • +1

    Alright, but you gotta get over it.

  • +20

    You really are a scumlord

  • +5

    Rent a room close to work until you can move into your place.

    • +7

      Maybe OP can rent a room from his tenant?

  • +14

    WA's rental market is horrific at the moment, so please don't kick a good tenant out at short notice.
    Try finding a rental in town for yourself to get a sense of what everyone is up against.

    • +10

      Thankfully the law prevents the OP kicking out the tenant during the term of the lease

        • +16

          Contract law

        • +6

          Kawaii, it's a lease, it literally is at law in their possession until the end of the fixed term - They have property rights at law for quiet enjoyment that exceed yours as the lessor. There are multiple aspects of law that protect their rights including both Statutory through the Residential Tenancies Act 1987, and Common Law principles such as contract law, given there is a contract in place giving them possession until the end of the fixed term.

        • +3

          The laws governing the contract that you (presumably) read thoroughly and signed when you purchased the house, knowing full well that there's a paying tenant living there until November.

  • +10

    “I also need to do everything by myself as family is far away and I’m currently single. this stresses me out since last year.”

    So no kids? Easy as!!

    • +7

      Such a surprise that Op is single!

    • That's why i thought, easier without.

  • +9

    $1500 😂

    Should have purchased a house without tenants and lease in place.

  • +12

    Yet another glorious post outing the Slumlords on OzB :D

    • +5

      I loved the one about the landlord who wanted the tenant to pay to replace the 30 year old broken toilet with a new one at their own expense, effectively donating the capital to the landlord … just because it worked when they moved in

  • +3

    I offered $1,500 cash for tenants

    To quantify the worthiness of this offer, how many weeks rents is equivalent too?

    • +7

      Idk but can guarantee it’s less than the cost of movers

      • So Ozbargainers use movers? Budget rental truck and beers for the helpers!

        • A lot of Ozbargainers are quite comfortable, have families and are here for the banter and the epic deals.

          When you have a family and are moving, you absolutely need removalists.

      • +9

        I probably wouldn't move for less than $10k, or maybe $5k with a guarantee of the full bond back and no cleaning requirements.

        You not only need to cover costs, you have to give them a incentive to go through what is currently a crappy process where they could end up with somewhere more expensive or worse conditions than they currently have.

  • +4

    Could you rent a property nearby then move into yours in November 2024?

    From their point of view it isn't just money for removalists, it's the time to find somewhere, spending weekends inspecting, spending time packing things up and the setting them up in a new place, organising the bills, getting new addresses on everything.

      • +4

        What do you mean that you gave them five months? You said it in other comments but I can't figure out what you mean.

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