Browse Forums General Discussion 1 Sep 16, 2008 7:10 am We're gutted!
The tenant of the house we're purchasing was supposed to be vacating yesterday. I drove past the house yesterday and saw no sign of movement, and so phoned the solicitors - she then phoned the rental agents and came back with the bad news that the tenant cant find anywhere, and so isnt moving! Only NOW the rental manager feels it appropriate to let us know! The difficulty is that its a different Real Estate agent managing the sale of the property, and I think the rental agents are ** off about that. From what I can gather, all the rental agents have done is served notice on her, and not explained the situation at all. When the selling agents spoke to them their response was "theres nothing I can do...it'll have to go to tribunal"!! If I could have gotten my hands on the rental manager yesterday I swear to god I would have killed her. Thankfully for her she wasnt in work yesterday...but she is today............... Re: Supposed to be settling tomorrow...but tenant wont vacate! 2Sep 16, 2008 7:34 am That's shocking!
Talk to your conveyancer or solicitor - there's usually something in your contract that covers this. Give em hell! After 4 years - we're in! Re: Supposed to be settling tomorrow...but tenant wont vacate! 3Sep 16, 2008 7:42 am They're onto it - they're the ones who told us about the situation. The really annoying thing is that I've been getting the solicitors to confirm that the tenants were moving out, because it was a concern of mine from the get go. I've got emails from the solicitor dated 2nd and 9th September stating they'd talking to the rental agents who had confirmed a vacaction date of 15th September!!! surely they will have known at that stage that she had no intentions of moving!! Re: Supposed to be settling tomorrow...but tenant wont vacat 5Sep 16, 2008 9:28 am tygwyn We're gutted! The tenant of the house we're purchasing was supposed to be vacating yesterday. I drove past the house yesterday and saw no sign of movement, and so phoned the solicitors - she then phoned the rental agents and came back with the bad news that the tenant cant find anywhere, and so isnt moving! Only NOW the rental manager feels it appropriate to let us know! The difficulty is that its a different Real Estate agent managing the sale of the property, and I think the rental agents are ****** off about that. From what I can gather, all the rental agents have done is served notice on her, and not explained the situation at all. When the selling agents spoke to them their response was "theres nothing I can do...it'll have to go to tribunal"!! If I could have gotten my hands on the rental manager yesterday I swear to god I would have killed her. Thankfully for her she wasnt in work yesterday...but she is today............... Has the current tenants lease expired?? Unfortunately these days renters have more rights than owners, especially due to the rental shortage across the nation. Its frustrating, but at the same time do you want to make someone potential homeless? Best of luck with the outcome. Re: Supposed to be settling tomorrow...but tenant wont vacate! 6Sep 16, 2008 9:32 am Yep its pretty much a nightmare!
Thankfully they hadnt got anyone to sign a tenancy agreement for this house so they're happy for us to stay until its sorted. Just spoken to Selling agent and the tenant wont return any of her calls or answer the door. I'll be heading to see the rentals manager very shortly too as shes back in work today - useless cow!! Re: Supposed to be settling tomorrow...but tenant wont vacat 7Sep 16, 2008 9:33 am Snake Its frustrating, but at the same time do you want to make someone potential homeless? Best of luck with the outcome. totally agree and I do feel for the tenat. My anger is aimed towards the rental manager who should have helped her find a new place! Her lease expired a couple of months ago Re: Supposed to be settling tomorrow...but tenant wont vacat 8Sep 16, 2008 10:24 am tygwyn Snake Its frustrating, but at the same time do you want to make someone potential homeless? Best of luck with the outcome. totally agree and I do feel for the tenat. My anger is aimed towards the rental manager who should have helped her find a new place! Her lease expired a couple of months ago Couldn't agree more with you tygwyn, the rental manager should be held accountable, a real disgrace Could you explain the situation to the police, because the tenant has effectively just become a squatter now? Best of luck with your very annoying situation. Re: Supposed to be settling tomorrow...but tenant wont vacate! 9Sep 16, 2008 10:54 am From the NSW tenancy act:
If the sale contract says that the property must be vacant when the sale is complete, after the sale contracts have been exchanged, the landlord must give the tenant at least 30 days written notice (if the fixed-term agreement has expired). What was written in your contract ? More info: http://www.fairtrading.nsw.gov.au/About ... nters.html Do the hard jobs first. The easy jobs will take care of themselves. - Dale Carnegie Re: Supposed to be settling tomorrow...but tenant wont vacate! 10Sep 16, 2008 11:12 am Thanks for that.
The tenant was given notice on 14th August to vacate the property. She is applying to properties, but hasnt been accepted yet...what can you do? Having a bloody awful week. Was on my way to the vets with our sick rat and got a phone call to say a friend of mine had had a heart attack and passed away When I got to the vets the vet said that rat needed to be put to sleep I then had to speak to the bloody rental manager when I got back...which got me nowhere!! Sad day Re: Supposed to be settling tomorrow...but tenant wont vacate! 11Sep 16, 2008 11:24 am When we purchased our property, the solicitor asked if we wanted the tenant out as he said we had to give them 60 days notice.
We left them in as our plans were not ready but told them we were going to build on the land so they looked around and found something else and then gave us notice. I feel for you, can you not settle without it affecting you? Re: Supposed to be settling tomorrow...but tenant wont vacate! 12Sep 16, 2008 11:40 am Oh, that's awful - I hope things get sorted out for you on all fronts, and that your week improves vastly by the end of it!!! Solidarity, not solidity.......The Lexicon of Life Re: Supposed to be settling tomorrow...but tenant wont vacate! 13Sep 16, 2008 11:45 am danma I feel for you, can you not settle without it affecting you? No chance that we'll settle with sitting tenants - they can remain the present owners concern. We couldnt do it financially either Re: Supposed to be settling tomorrow...but tenant wont vacate! 14Sep 16, 2008 11:45 am petal :( Oh, that's awful - I hope things get sorted out for you on all fronts, and that your week improves vastly by the end of it!!! Thanks Re: Supposed to be settling tomorrow...but tenant wont vacate! 15Sep 16, 2008 12:06 pm Not much you can do.
This is becoming a problem everywhere. If your agent was to take your tenant to tribunal it is very likely that your tenant will be able to stay till they find accomadation if they can prove that they have been actively looking for new accomadation since their notice was served. If all tenants new how to work the system we would be in trouble. From an agent who knows Good luck. Treechangers Will we ever get there? Re: Supposed to be settling tomorrow...but tenant wont vacate! 16Sep 16, 2008 12:16 pm Treechangers Not much you can do. This is becoming a problem everywhere. If your agent was to take your tenant to tribunal it is very likely that your tenant will be able to stay till they find accomadation if they can prove that they have been actively looking for new accomadation since their notice was served. If all tenants new how to work the system we would be in trouble. From an agent who knows Good luck. Treechangers Yep totally agree. Just heard from the selling agent. The tenant just walked through the door with flowers for her and apologised for her not being able to contact her. As far as she was aware (the info shes received from the rental manager) was we would still settle tomorrow and that she would continue to pay us rent until she found somewhere herself. She had no idea of the legal ramifications and is really upset by it. I've spoken to the rental manager and of course she stands by the fact that she did all she had to do, and told the tenant everything! The tenant has also told the selling agent that the rental manager is charging her $15 for each fax application shes sending off! This tenant is obviously very tight for money and is going through a very stressful time. How the hell is that helping her?!! I really feel for the tenant. Re: Supposed to be settling tomorrow...but tenant wont vacate! 17Sep 16, 2008 12:30 pm The rental manager is looking more & more like the evil presence in the deal... Do the hard jobs first. The easy jobs will take care of themselves. - Dale Carnegie Re: Supposed to be settling tomorrow...but tenant wont vacat 19Sep 16, 2008 1:30 pm sorry to hear you're having such an awful day tygwyn...
Is this the ******* rental agent getting flowers from the tenant? She should be passing them on to you! As for ausfatcat's comment ... Re: Supposed to be settling tomorrow...but tenant wont vacat 20Sep 16, 2008 3:45 pm ausfatcat tygwyn When I got to the vets the vet said that rat needed to be put to sleep Issue solved drop the rat off at your new house. and what the hell do you think a dead rat would do?? glad you find it funny...maybe I'll tell my 8 year old daughter whos in tears right now your joke...see how funny she finds it! Joe, it depends on your certifier but we are noticing the ones we deal with are really cracking down. So i would recommend you follow your approved landscaping plans to… 4 10970 Hi Simeon, Thank you for laying it down for us. Makes sense. Appreciate it very much. Have a nice day. Cheers 2 9008 1) I had requested R6 ceiling insualtion batts, however I noticed that on some areas there are huge gaps which will allow hot air to sweep in, and also noticed black/grey… 0 3597 |