buying a house with tenants living there with out a lease

That's not right. A periodic lease is when there was a lease and it ran out. Then it converts to a periodic lease.
If there is no lease in the first place then there is no type of lease.

This isn't right at all. Obviously there is an implied lease if a tenant has been there living for 8 years in exchange for rent.
 
If the property is in Queensland, the relevant part of legislation is s 12 of the Residential Tenancies and Rooming Accommodation Act 2008, which defines "residential tenancy agreements", and states, inter alia:

3) Subsection (1) also applies whether the agreement is:

(a) wholly in writing, wholly oral or wholly implied; or
(b) partly in a form mentioned in paragraph (a) and partly in 1 or both of the other forms.
(Subsection (1) defines residential tenancy agreements.)
 
Thanks perp, I was waiting for somebody to throw legislation at it :)

We've had a few cases where we have taken on properties without a signed lease agreement, one of them was a complete disaster with the landlord did not even know the tenants name because the original tenant had left and had allowed friends to stay in the house.

The House was a shambles and was grossly under rented by about $100 a week.
We were still able to give the tenant notice to vacate and end the lease according to periodic tenancy law.
 
Have you verified their payment history and ledger? Is it self managed or through an agency?

I bought a place with long term tenants, was told good tenants blah blah. Was also told due to privacy act cannot see their ledger.

After settlement, vendors PM handed across info to my PM to find 8 years of arrears (more arrears notice letters than payments) and a notice to vacate in place at settlement (agent also reassured me day before settlement that tenants were all fine with no problems).

My PM did some investigating and got them back on track and they are now one of my best paying tenants. Most of the problem was with the old PM.. they made it very hard to pay rent (cash or money order only), did not do inspections in years etc.

no i haven't yet and it is self managed, i will ask for it on monday when i speak to the REA
 
But what does the contract of sale says?

Normally there should be words like:

"At settlement the purchaser is entitled to vacant possession of the property unless the words "subject to lease" appear in this box. "

And if it is a subject to lease, then there should be some information about lease attached with Sec32.

Also, did the tenant deposit a bond?
 
Report button on the top right.

Or the ignore function in user settings.

However attacking opinion is not against forum rules.

pinkboy
 
But what does the contract of sale says?

Normally there should be words like:

"At settlement the purchaser is entitled to vacant possession of the property unless the words "subject to lease" appear in this box. "

And if it is a subject to lease, then there should be some information about lease attached with Sec32.

Also, did the tenant deposit a bond?

TENANTS NAME:

TERM AND OPTIONS:

No Lease In Place
Managing Agent:

AGENCY NAME: Self Managed PROPERTY MANAGER:
ADDRESS:

RENT: $ 270


it says no bond ( i wasn't to concerned as they have lived there for 8 years i mean i'll try and get bond out of them but if they don't have enough money then i wont make a big stink about it, i know my friend who lives in a place and didn't pay bond either) and it doesn't give start date of lease either
 
Only takes one person to lose a high paying job, adultery, domestic violence, family member become a junkie/sick/disabled etc, to wipe an 8 year good history on the drop of a hat.

Don't be so naive, especially in the position you hold.

Hard times hit good people in all walks of life.

pinkboy

I find the comment "don't be so naive, especially in the position you hold" an uncomfortable comment to read on a public forum as it is a comment that discredits.

I have read through the Somersoft Forum "Rules of Engagement" which articulates respectful dialogue. Likewise, I also value embracing differing viewpoints as part of the wonderful diverse SS community.

The comment I shared was based on research I did in my undergraduate degrees including Masters in Human Services and Psychology - past behaviour is a strong predictor of future behaviours.

I would like to ask for 'Rules of Engagement' clarification from our Moderator in relation to comments such as these

Warm regards

Renee
 
I find the comment "don't be so naive, especially in the position you hold" an uncomfortable comment to read on a public forum as it is a comment that discredits.

I have read through the Somersoft Forum "Rules of Engagement" which articulates respectful dialogue. Likewise, I also value embracing differing viewpoints as part of the wonderful diverse SS community.

The comment I shared was based on research I did in my undergraduate degrees including Masters in Human Services and Psychology - past behaviour is a strong predictor of future behaviours.

I would like to ask for 'Rules of Engagement' clarification from our Moderator in relation to comments such as these

Warm regards

Renee

That's great you studied what you did. But your research says 'strong', not 'definitive', which means there is a chance that things can and do go wrong.

I backed up my criticism with examples of what can go wrong. I'm sure you agree that managing property is not 100% rosy all the time - you just don't like the fact it was pointed out.

I'm sure a conservative moderator will come along and sweep it up, but just remember that attacking opinion and method is part and parcel of putting your position/occupation/business in your signature.

pinkboy
 
Only takes one person to lose a high paying job, adultery, domestic violence, family member become a junkie/sick/disabled etc, to wipe an 8 year good history on the drop of a hat.

Don't be so naive, especially in the position you hold.

Hard times hit good people in all walks of life.

pinkboy

I have found the comment "Don't be so naive, especially in the position you hold" uncomfortable to read on a public forum as it works to discredit me.

Reviewing SS Forum rule of Engagement cites that dialogue is to be respectful and value diverse viewpoints essentially. Comments such as this is not respectful of another viewpoint.

I would like to share that I have undertaken extensive research in Psychology as part of my undergraduate and Masters degree in Human Services in behaviour whereby empirical research has identified that past behaviours are a strong predictor of future behaviours. Accordingly, the comment was shared in light of previous research and work in this space.

Warm regards

Renee
 
Reviewing SS Forum rule of Engagement cites that dialogue is to be respectful and value diverse viewpoints essentially. Comments such as this is not respectful of another viewpoint.
I agree but my experience is that moderation of this forum tends much more towards the value of "free speech" than the value of "respectful".
 
That's great you studied what you did. But your research says 'strong', not 'definitive', which means there is a chance that things can and do go wrong.

I backed up my criticism with examples of what can go wrong. I'm sure you agree that managing property is not 100% rosy all the time - you just don't like the fact it was pointed out.

I'm sure a conservative moderator will come along and sweep it up, but just remember that attacking opinion and method is part and parcel of putting your position/occupation/business in your signature.

pinkboy

Once again I am feeling uncomfortable with the assumptions you are making with your comment "...you just don't like that fact it was pointed out"

Please engage in free speech respectful dialogue by not making invalid assumptions.

Renee
 
Past behaviour is a strong indicator of future behaviours...if the tenants have been great tenants for eight years then it is highly likely that this behaviour will continue

I think one of the points being made, is that they are great tenants - but according to who? The OP has no proof that they have been behaving, paying rent regularly, or are even paying rent.

DaveM's story below is particularly relevant.

Have you verified their payment history and ledger? Is it self managed or through an agency?

I bought a place with long term tenants, was told good tenants blah blah. Was also told due to privacy act cannot see their ledger.

After settlement, vendors PM handed across info to my PM to find 8 years of arrears (more arrears notice letters than payments) and a notice to vacate in place at settlement (agent also reassured me day before settlement that tenants were all fine with no problems).

My PM did some investigating and got them back on track and they are now one of my best paying tenants. Most of the problem was with the old PM.. they made it very hard to pay rent (cash or money order only), did not do inspections in years etc.

Edit: Can we go back to providing support for TJ22 & assisting him (her) with their issue, rather than having a chat about if pinkboy hurt poor renee's feelings? If you make a statement (particularly without any supporting evidence that you don't mention until later), expect your opinion to be challenged, particularly if you put it across as fact.
 
Apologies for the confusion - not meant to be a fact but as stated 'strong predictor'

Lets get back to the post's intention as you stated :) BTW my feelings are not hurt - I am simply asking for respect for diverse viewpoints
 
Apologies for the confusion - not meant to be a fact but as stated 'strong predictor'

So now you agree a 'strong predictor' has a prevailing chance of something can go wrong as its not definitive? Thanks for respecting my viewpoint

Lets get back to the post's intention as you stated :) BTW my feelings are not hurt - I am simply asking for respect for diverse viewpoints

Just because an option or viewpoint is criticized, doesn't mean it was disrespected, it just means it was challenge. Don't confuse the two.



pinkboy...
 
Don't be so naive.... Is a personal attack and defamatory, it is not a challenge on view points!

Renee - ignore button allows you to engage with only the people you want to engage with.
 
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