advice needed urgently

[Macca]

yesterday I became aware of an auction on Saturday 7/12.

It is a block of 4 flats, some tenants have leases so I know where I am at with them.

However ,one tenant has been there for 22 years, he is on a continuance of lease, they think. No one seems to know, he just pays his rent and lives there. No one has a copy of his lease, or if they do , they are not saying.

If I buy the property, it is my intention to knock it down in 5 months.

My solicitor is concerned that we don't have proof of the tenant's legal standing. He suggests that there may be a problem getting the tenant to vacate.

Does anyone have any experience or thoughts on my rights to evict in 5 months time.

Macca

 

[Macca]

seems my solicitor is not the only unhappy chappy, the agent is now madly rushing around putting a schedule together and surprise surprise an old lease has been found!!

Macca

 

[NigelW]

shouldn't he be on a periodic ie Month to month tenancy. you don't need anything in writing for such a contract to arise. it can arise by implication of law. has your solicitor looked at the relevant rental and property legislation?

Give the relevant notice to vacate and take it from there.

Tell your lawyer to stop worrying about it and start finding you a solution. You're not paying him or her for worry, you're paying for results!

 

[ruk]

your solicitor is a waste of time and money.

just give the tenant notice, if they have a tenancy agreement, they will soon produce it.

then you will know exactly.

 

[Macca]

he has given notice to the agent in writing that he is moving out next week, so that resolves that.

Macca

 

[Jas]

don't 'ca love it when these things come together

Jas

 

[XBenX]

how did you go ? another IP to add to the portfolio ?

 

[investor]

hi

I came across a block of units and one tenant had some kind of goverment war lease and had been there for over 30 years. The rent she was paying was one tenth of what it should and u couldn't evict her . You had to wait until she left on her own accord or passed away. She was very old.

Regards

 

[Macca]

well, that was a waste of time!!!!

somebody bought the site to build their dream home, all the builders /developers said $400k max, it went for $500k

oh well , back to the search

Macca

 

[JoannaK]

yes, it's called a Protected Tenancy.

and applies to alot of the oldies that rented during and just after the war.

You can not evict them and you can not increase the rent. If you're desperate to get rid of them it is a very lengthy legal process.

And, it used to be that the protected tenancy was passed on to the children of the protected tenant upon death, but thankfully that rule was changed.

There are still alot of protected tenants out there. Some are protected and don't even know it.

You just pray that they hurry up and move on on their own.

 

[paulzag]

Protected Tenancy Story

I was Assistant Director of a Marriage and Family Counselling Organisation once upon a long time ago. They owned the HO but the downstairs tennant was protected.

Despite offering her serious dollars to move into a retirement community the tenant stayed till the day she died.

Protected tenancy plays are only for movie thugs and higher risk individuals. Of course you can always consult an actuarial table to assess your risk.

Regards

Paul Zag
Dreamspinner

 

[XBenX]

"Of course you can always consult an actuarial table to assess your risk. "

haha Paul, I like the way you think