Ingoing condition report

[Shaneelastic]

Short question, when do i get access to ingoing condition report

I bought a property at a very good price.Will be PPOR asap


Here are the facts:
- I didnt stipulate vacant possession.
- I will be settling earlier than contract stipulated (2weeks)
- Sales agent is now the rental managing agent.They know my intentions to kick out tenants ASAP, and are trying for me to rehome tenants into 2 different homes (4 on lease)
- Agents are aware of my situation and may get a sale or 3 properties to manage if need be:
- I havent asked for the condition report yet.

My question is when do i get access to it. Is it mine legally from settlement date?

Or as I have a potential relationship with the agency could I get now before settlement date?

I have copy of initial lease (different managing agent)

Thanks

 

[D.T.]

Im not sure in your state.
In SA if you dont specify vacant possession you inherit the existing tenants and lease. You then have to go thru the normal eviction notice process commencing from settlement day.

Yes of course its legally yours, doesnt necessarily mean you can move in.

 

[Shaneelastic]

Hey there dt
I don't wanna move in until lease is up some 4 weeks after settlement.

So I should ask for the ongoing condition report prior to settlement?

 

[MichaelGilbert]

From settlement, as you are the owner of the property And you've taken over as the landlord to those tenants yes for sure you should have access to the condition report from settlement.

I was just a little confused exactly who is managing the property now (prior to settlement). However if the current agent is the same agency you brought it through they will probably give you a copy (no problems) of the ingoing condition report but if its a different managing agent I would say you'll have to wait until after settlement.

You could ask your conveyancer/solicitor to request this for you if a different managing agent says no.

 

[thatbum]

Hey there dt
I don't wanna move in until lease is up some 4 weeks after settlement.

So I should ask for the ongoing condition report prior to settlement?

Why not just prepare a report yourself now?

I'm not sure you'd be entitled to have the property returned to its condition at the start of the tenancy, so I'm not sure what the point of an old PCR would be.

 

[Shaneelastic]

Why not just prepare a report yourself now?

I'm not sure you'd be entitled to have the property returned to its condition at the start of the tenancy, so I'm not sure what the point of an old PCR would be.

I think your off the mark here. I think I am as it's a fixed term lease that expires in 7 weeks.

 

[thatbum]

I think your off the mark here. I think I am as it's a fixed term lease that expires in 7 weeks.

Its not your fixed term lease though. You didn't actually contract with the current tenant - the old owner did. Nothing in contract common law helps you either, so unless there's something very unusual in victorian tenancy law that I don't know about, you're going to have a hard time asserting that position.

 

[Shaneelastic]

Its not your fixed term lease though. You didn't actually contract with the current tenant - the old owner did. Nothing in contract common law helps you either, so unless there's something very unusual in victorian tenancy law that I don't know about, you're going to have a hard time asserting that position.

I will let you know how it turns out. There's a few issues which are quite obvious. Keep it open I'll let you know.

Of the tenants are In breach of a lease condition can I evict? It results around a green pool? If people think I can I may go down this path

 

[thatbum]

Of the tenants are In breach of a lease condition can I evict? It results around a green pool? If people think I can I may go down this path

Yes you can but it has to be a breach that justifies termination. Procedurally it might take some time as well if its disputed.

 

[D.T.]

Its only a few weeks, why not just not wait it out?

 

[travelbug]

Yes you can but it has to be a breach that justifies termination. Procedurally it might take some time as well if its disputed.

It won't happen. At best they'll ask them to clean it. At worst they'll be on your bad side and make life difficult for you.

Just give give them the required notice.

 

[Scott No Mates]

Serve notice the day that you get ownership - that way you are within the termination period of the lease. Check victorian tenancy regs for the appropriate notice period.

 

[S.T]

Serve notice the day that you get ownership - that way you are within the termination period of the lease. Check victorian tenancy regs for the appropriate notice period.

Yup, make sure you do this, don't wait for agent to move them to new properties, or lease to roll over the fixed term to periodic. Cover your bases

 

[Shaneelastic]

Thanks for the thoughtful replies

I will keep you updated.
Basics are the fixed 1 year tenancy agreement is finished in early august
I take possession next week
There is a clear breach of a lease condition in respect to the pool
I will gain property condition report ASAP from settlement and serve notice as appropiate via the pm

 

[elsLan]

Thanks for the thoughtful replies

I will keep you updated.
Basics are the fixed 1 year tenancy agreement is finished in early august
I take possession next week
There is a clear breach of a lease condition in respect to the pool
I will gain property condition report ASAP from settlement and serve notice as appropiate via the pm

If the current owner agrees then you can serve a notice to vacate on the grounds that you want to move in which is 60 days or on basis that the property was sold unconditional contract also 60 days.
End of fixed term tenancy is 90 days notice.
They can leave no earlier than the end of current lease or notice expiry date dependant on which notice you serve. They can give 14 days return notice saying they are leaving after tenancy termination date.

 

[crest133]

The inbound condition report, the current of the tenancy and the premises etc is an important part of what you're buying and should be a part of your DD. What if there was a massive $ rectification difference right now between inbound condition report and current condition and the bond was only 10% of what was needed ?
Good luck
cheers
crest133

 

[Shaneelastic]

The inbound condition report, the current of the tenancy and the premises etc is an important part of what you're buying and should be a part of your DD. What if there was a massive $ rectification difference right now between inbound condition report and current condition and the bond was only 10% of what was needed ?
Good luck
cheers
crest133

But the part of buyer beware surely comes into it? I purchased on a price I was happy with.

I recieved the ingoing report, looks like I'll get 1000 of there 4000 bond for the pool, which I'm happy with

 

[chilliblue]

Crest is right. At the very least ask for a copy now rather than wait for any surprises later.

 

[thatbum]

I recieved the ingoing report, looks like I'll get 1000 of there 4000 bond for the pool, which I'm happy with

So you still think you're entitled to get the property back to the condition at the start of the tenancy?

I don't think that's true.

 

[Shaneelastic]

So you still think you're entitled to get the property back to the condition at the start of the tenancy?

I don't think that's true.

Yes

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