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There is no issue with this, simply advise your PM ASAP that you wish to withdraw the property from rental market and that any monies taken from the tenant be returned promptly. There is no written contract at this stage I gather? Nontheless, as there is no occupancy of the premises normal eviction/termination notice is not required.We approved a tenant last week and said to our PM to go ahead with the lease. We've decided to take the property off the market since then. How do we stand with the contract? Can we just cancel even though we've given the go ahead? Any advice greatly appreciated.
But they haven't occupied the premises yet, or at least so I've understood it.If there is a lease signed then the answer is NO you cannot cancel a contract under any circumstances.
There is a "hardship" rule in the legislation that states that landlords can cancel a tenancy agreement under hardship but to date I have not seen a single case where someone has been able to cancel an agreement - unless someone here can produce a case.
There is also the issue of "verbal agreement" which can be deemed to be binding. so it can be complicated
I would just ask the PM to negotiate with the tenant and ask if they would be willing to leave, I would even throw in a couple hundred dollars for their understanding.
I'm assuming it's the tenancy agreement you wish to cancel not the management agreement?
Xenia, I'm not aiming to prove you wrong and I would likewise be happy to concede my mistake, however albeit the agreement (as any verbal or written contract) has its legal bindings, is not that black and white.That shouldn't matter Monopoly unless it is vastly different in Perth and I am prepared to be wrong if you want to correct me on that fact.
By SA legislation verbal is binding and a signed contract is almost impossible to get out of except by mutual consent.
The negotiation skills of the property manager and gift baskets work well
The landlord is required to sign the agreement, and if this has not occurred, there is no contract IMO and you can save yourself the negotiation and the gift basket, and settle for a civil handshake as you part ways.
Well Xenia, you are correct in that a lease agreement is a binding contract and cannot be broken under any circumstances (officially speaking) if BOTH parties have signed the contract, and by this of course can be an agent (PM) on the landlords's behalf.Hey Monopoly girl
Yes please look it up, it would be interesting to compare Perth legislation as I have my SA brain on.
also if the LL has not signed the lease you can always use the excuse of "not approved'
we sign all leases on behalf of all our clients so I have my own agency hat on too when answering these questions.
Thanks Wylie.
Very true, often this is the case, most LLs and/or tenants unless absolutely desperate tend not to push it further but release the other party from their legal obligation. Speaking more for myself, I just can't be bothered with the headaches, and would rather they go on their merry way, rather than be dragged into a ****fight unnecessarily.A few times a tenant did put down a deposit, only to change their mind. Unless we find another tenant they lose the deposit..and they are legally liable for 2 months rent, but we never go after them for that.
Your latter sentence suggests that the landlord never sign the leases themselves. Surely if you've signed it as their agent, the lease is binding irrespective of what the landlord says afterwards.also if the LL has not signed the lease you can always use the excuse of "not approved'
we sign all leases on behalf of all our clients so I have my own agency hat on too when answering these questions.
Are you suggesting that until the person moves in, the binding agreement hasn't come into effect? I would have thought the lease became binding from the date that both parties signed, but I'm not sure - that was an angle I was wondering about myself.they can still be successfully challenged because of one small, but very important detail....THE START DATE of the lease agreement which usually nominates the first day of occupancy.
I'm merely stating that if it is contested in a court of law, it is easier to wiggle out of the deal because the lease agreement (albeit binding) by providing a clear start date can (along with such other factors as the Condition Report revealing the property is less than habitable for instance) provides a loophole for escape. It is not written down anyway, but is something that solicitors will use to get one party or the other out of this legal agreement. Note: I would not recommend travelling down this path, it is messy, time consuming and can be more costly (court fees etc) than merely paying your dues as the party wishing to break the contract.Are you suggesting that until the person moves in, the binding agreement hasn't come into effect? No not at all.
Ryan80, you need to contact your PM immediately, and check whether the lease has been signed by both parties.
Chances are the PM probably hasn't even told the tenants, which (from what this other person is telling you) may well prove that the tenants will want to back down from the agreement.Thanks for your advice all! Maybe a bit more info is needed:
We went in on Thursday signed up with Ray White to manage the property. They were doing checks on the tenants, and said that it all looked fine. We said to go ahead (we did not sign anything) As it's Easter they have been closed since then and don't reopen until Weds. We have been looking for the tenants ourselves and a guy came around Saturday and said that the tenants that put the application in have found somewhere else now. It's a pretty small town where the property is located and this guy works at the same place as the tenants. We can't contact the agent (until Weds) so need to wait until then to find out whether they have found somewhere else or still want the place. In the meantime we can't say yes to anyone else as I don't know where we stand after giving the go ahead last Thursday!