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All's good thanks folks. Settled the sale at around 4.30pm today. Money is in the bank. Also had another one of our houses we are selling go unconditional yesterday + will exchange contracts for our purchase of another vacant block early next week. Another busy year ahead with 3 more houses...

Hallelujah, she's gone! Saved everyone much hassle. A neighbour we know informed us yesterday that a removalist had been there for a couple of hours so we knew she was on the move. Contract can now settle on time and we can all move on whilst noting the lessons learned in the back of the...

Thanks Scott. She has been late paying on numerous ocassions but never more than 1 week behind. Will also prepare this.

Thanks for the comments guys, Ned, yes when is the opportune time? My lawyer thinks it may be better to wait for the tribunal hearing first - if it comes to that. Of course, she is liable for damages but anyone would prefer not to go there. Cutting water off, getting my sparkie to fiddle...

It did make me wonder Tano when she wrote this. Do I need to give my tenant 48hrs notice to knock on their front door? There is no gate in this instance but it is the rear unit of a battleaxed duplex. My lawyer told me the best way to serve notice is by directly handing the letter to them. It...

We have followed this all correctly Snoopy. Live and learn is a good philosophy. :)

Owner Occupier. It's a guy around 40yrs old caring for his elderly parents. Apparantly they had a previous contract to ours where the Vendor pulled out at the last minute. Hope this one doesn't drag on for their sake.

From discussions with the tribunal and DFT it is quite a black and white case. We have issued notice correctly and according to Section 86 of the Act. Going on holidays is no excuse at all. No, I didn't get any legal advice prior to entering into the lease though I realise this was a mistake...

Not sure as I've never been in this situation. We will, of course, proceed to evict her if possible and finalise the settlement. The tribunal will make an order and all will have to abide by it. If she digs in for a fight the sherrif will be called in to sort it out I guess. I will keep my...

Thanks Player and Marg. I will call CTTT and seek some advice first. Already called DFT and they rekoned it was pretty clear cut that she had to go. The sale of the property is not a huge issue as we were about to rent it out prior to her coming on the scene. Twas a 55/45 decision to accept...

That's right Geoff.

She seemed very keen to buy the place Geoff but, perhaps, now she can't buy it she is hanging in for as long as possible. I know she spent time with a couple of banks and a broker. The rent she is paying is definitely not below market - maybe a little above. She did have a whinge that she...

Hi Scott, According to the lease Note 4 "Ending a periodic agreement" states: Other examples of where a periodic agreement can be ended are when a contract for sale of land requiring vacant possession has been exchanged (in which case the notice period is not less than 30 days); a party has...

Lease signed on 26th July Contract of sale exchanged on 20th Sept There was a special condition written into the lease that the tenancy agreement will cease when settlement of sale occurs between us and her. No bond was taken - mistake No. 2. Mistake No. 1 was to let her move in without an...

No the lease was signed first without a fixed term or an end date.

She moved in 'under licence' and signed a standard lease agreement which would have lapsed upon her finance being approved. Since she recinded the contract of sale it ended up reverting to a continuing rental agreement. Agreed, a bit messy though I am expecting that now she is just a tenant on a...

Hi All, This is lining up to be our first problem tenant in our landlording history. This woman moved into our property with the intention of purchasing it. Contract was exchanged subject to finance. (2 weeks) After several months of extentions to her finance clause we decided to no longer...