Ending Your Tenancy

ADVISE US OF YOUR VACATE

The Property Management Team at Century 21 Novocastrian wishes you the very best with your future plans. We look forward to working with you to fulfil your obligations at the end of the tenancy so that the transition is as smooth as possible for you. Moving out of a rental property is a busy time. While you are preparing to move elsewhere, there may be new tenants preparing to move into the property that you are leaving. The information below has been designed to help with moving out. A key indication for us of the success of the tenancy is a full or agreed bond refund to tenants and so we want to do everything that we can to help you to understand and complete the activities and obligations for the end of a tenancy.

What do you need to do?

Tenants moving out of a rental property need to:

  • Return the property to the condition as recorded on the Entry Condition Report.
  • If pets have been at the property, then a professional flea treatment and professional carpet cleaning will need to be completed prior to the handover of the keys.
  • If there is a pool at the property that you are responsible for, it will need to be cleaned to the standard of when you moved in.
  • Any outstanding money including rent up to the handover date, water invoices or other invoices will need to be finalised before you hand over the property.
  • All keys and access remotes or cards will need to be returned.
  • A forwarding address needs to be supplied before you move out.
  • Cancel automated direct deposit payments if set these are set up yourself to pay your rent as we cannot act for you.
  • Cancel or redirect your electricity.
  • Redirect your mail.

Returning the keys

There is an obligation to return all of the keys that were provided to you at the beginning of the tenancy PLUS any additional keys that you may have had cut for convenience. Any garage remotes, swipe cards or access fobs for the property will need to be returned and in working order. If any keys are missing, it is a good idea to know early so that you can have them cut or so that replacements can be cut from the set held by our office.

  • All keys are to be returned to our Agency on or before 5 pm on your Vacate Date. If your Vacate Date falls on a Saturday or Sunday, please contact our office to make other arrangement for the handover of the keys.
  • Rent is payable inclusive of this date and until all keys are returned; whichever event occurs last

Suggested Services/ Trades

Cleaning

  • Absolute Coastal Cleaning | 0476 044 739 | absolutecoastalcleaning@gmail.com
  • Jecs Cleaning Services | 0411 931 197 | Enquiriesforjcs@gmail.com
  • Shelly's Sunshine Cleaning | 0401 865 777 | shelleysunshinecleaning@hotmail.com

Carpet Cleaning

Flea Treatment/Pest Control

  • Newcastle Pest Control | 1300 104 599
  • Flick Newcastle | 49117200

Lawn Maintenance

Pool Maintenance

  • Kevs Pool Shop | 02 43511
  • Jims Pool Care Adamstown | 131516

Condition of the Property

Just as you are moving on to other accommodation, your property is about to become a new home for new people and so the process now is to prepare the property for its next chapter. The rental bond that was collected at the beginning of your tenancy is a security deposit held on your behalf to ensure that there is money to cover the cost of completing tasks that are the tenant's responsibility at the end of a tenancy. We want to see you gain a full bond refund – a full bond refund for a property manager means that the property is properly returned and that both the tenant and the landlord have completed their obligations. So, in this way, you can be assured that we want to work with you.

The condition of the property:

Tenants have an obligation to return the property to the standard of the entry condition report, allowing only for items of fair wear and tear. The Entry Condition Report is the proper record of the condition of the property when you moved in. The Entry Condition Report is also the fairest record as it contains a consensus in comments between the Landlord and Tenant. There is little by way of wriggle room in this – so please don't be offended that we cannot rely on your memory or honesty, we cannot rely on our own memories or honesty either – The record on the Entry Report trumps us all. This means that if an item is marked clean on the Entry and it is not clean, it must be cleaned. If the item is marked undamaged and it is damaged – even accidentally – then it must be repaired. I want to take a minute to explain some of the important parts of this obligation – because a proper understanding at this stage allows for proper action and proper decisions.

Firstly – what is fair wear and tear?

The term fair wear and tear is not defined in the Act or the tenancy agreement. The standard terms of the tenancy agreement give an example of what may be fair wear and tear: Fair wear and tear mean the deterioration that occurs over time with the use of the premises even when the premises receives reasonable care and maintenance. Tenants are only liable for negligent, irresponsible or intentional actions that cause damage to the premises. This means that carpet worn from normal walking is fair – whereas carpet torn from high heel shoes is not fair. Curtains fading from sunlight is fair – curtains discoloured from neglect in cleaning is not fair.

Secondly – what does clean mean?

Many people confuse clean with "new". An item can be stained, aged or worn – but clean. Clean means that an item cannot be made cleaner by using a cleaning product or process. So, if there is a stain on a kitchen benchtop that is marked on the entry condition report, that benchtop is clean so long as it would not be made cleaner by wiping it down with a spray and wipe product.

Thirdly – what does undamaged mean?

Undamaged means that the thing is working or in the same state that it was at the beginning of the tenancy. Most commonly, we find at the end of the tenancy that some tenants have put nails in 8 walls to hang pictures thinking that these pictures will improve the property. When those pictures are brought down and moved with you, the wall remains damaged by the nail. So, if the nail was not there at the entry condition report – it needs to be repaired. With the moving in and out process, it is not uncommon that walls become scuffed or dented. Even though it is accidental, the marks and dents are not fair wear and tear and will need repairing. Some tenants make the mistake of thinking that these items will not be noticed and they leave the attention for these items until after the property is handed over – perhaps hoping for a windfall. The property manager who performs your vacate specialises in these inspections and can take several hours going over the property referencing the Entry Condition Report. With any repairs, it is best to take an account of these as early as possible so that you have the luxury of time to have the items repaired. Once you hand over the property, there may only be a few days to have the item repaired for incoming tenants and if repairs are rushed and urgent, they can cost slightly more. So, to summarise, the condition of the property when it is handed back, needs to be in the same condition as is recorded on the entry condition.

Pet Cleaning

If pets have been approved at the property, an additional receipt is needed to demonstrate that the flea and pest treatment has been done as well as professional carpet cleaning. If pets have been in the garden, it is also important that this is performed to the correct standard. If you feel that you may have difficulty meeting these obligations or you are simply too busy with the move to your next property – ask us how we can help.

Notice periods to end your lease

A tenancy will usually be terminated by either the landlord or the tenant giving the notice to vacate.

Prior to lease expiry

On the expiration of a Tenancy Agreement, either party can provide 14 days notice to end the Fixed Term Tenancy Agreement. This notice can be served up to and including the last day of the fixed term.

Once the lease has expired

To advise intention to vacate outside the Fixed Term Agreement the Tenant is required to provide at least 21 days notice. To advise notice to vacate outside the Fixed Term Agreement the Landlord must give at least 90 days notice.

If the property has sold

If the premises is Sold and vacant possession is required in the contract of sale, the landlord must give the tenant at least 30 days written notice (after the contracts of sale have been exchanged). This only applies once the fixed term period of the lease has expired. However, such a notice cannot be given during the fixed term period of a lease.

If the property is placed on the market for sale

If the property is placed on the market for sale and you were not notified of the landlord's intentions to sell the property prior to signing your lease you can vacate the property by giving the landlord 14 days written notice. This notice period is the same if you are covered under a fixed-term tenancy agreement or an expired lease.

Cleaning checklist

Cleaning Checklist

NSW Fair Trading Fact Sheets

Sample- Notice to Terminate Tenancy Agreement

NSW Fair Trading- Ending a tenancy

https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0009/608382/Tenant-information-statement.pdf