Published: 17 March 2007.

Evicting problem guests in holiday complexes

A common question raised by managers and agents of holiday letting complexes is what is the procedure for evicting guests. Primary issues surrounding this question are:

1. At what point can a guest be evicted?

2. How many warnings are required prior to eviction?

3. What format of warning is required? i.e. verbal or written

4. Is a refund required for the balance of the stay?

The simple answer is guests can be evicted only on those terms contained in the contractual agreements entered into between the manager/agent and the guest. Unlike the well regulated permanent letting industry (covered by the Residential Tenancies Act), holiday lettings fall outside of the regulatory radar.

Under the Residential Tenancies Act, a landlord is entitled to terminate a tenancy where a serious breach has occurred or where the tenant persistently breaches a term of the agreement, by giving the tenant 14 days written notice of the termination of the tenancy. In contrast, holiday letting managers/agents are entitled to evict a guest in the manner and in the circumstances stipulated in the agreement entered into at the commencement of the stay.

Consequently, the terms of the registration agreement which is signed when a guest checks in is essential in determining the manager/agent’s rights in relation to the eviction of a guest. It is strongly recommended that the following conditions are included in such agreements:

1. The manager/agent is entitled to terminate a guest’s tenancy at any time where the guest is in breach of any rule contained within the agreement (it is important to define what format of behaviour is unacceptable).

2. The Guest is required to immediately vacate the tenancy upon termination.

3. The Guest is not entitled to a refund of monies paid where the guest’s tenancy is terminated by the manager/agent.

4. The manager/ agent is entitled to do whatever is required to enforce the eviction of any Guest and removal of Guest’s property.

In light of the lack of regulation in the holiday letting industry, I suggest that the terms and conditions of agreements entered into between the manager/agent and tenant are carefully considered. Failure to adequately define the terms for termination of a tenancy leaves too much room for ambiguity.

One word of warning … you should not physically evict the guest. Call the police and resist the temptation to get involved in a physical confrontation! Article supplied by Col Myers of Small, Myers and Hughes Lawyers. www.smh.net.au

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