New lease contract advice

[lolipss]

Hi all,

If my PM have sent the new lease agreement send to the tenant to be signed but up till now the contract has not been signed, can i cancel this new lease agreement?

My pm said since the new contract has been send and is with the tenant, we can not cancel it and do anything about it. Is this true?

And is there a deadline in victoria when the tenant need to signed this new lease agreement by? The current contract finishes on may.

Thanks all

 

[SeafordSunshine]

No Signature No Contract!

Dear Lollipss,
a legal contract ( a lease is one of these)
needs
1. Payment
2. Signature.
apart from a few other things,
so if that has not happened

you don't have a contract
I hope that helps, (in case you changed your mind)
Cheers
Seaford Sunshine

 

[Terryw]

Dear Lollipss,
a legal contract ( a lease is one of these)
needs
1. Payment
2. Signature.
apart from a few other things,
so if that has not happened

you don't have a contract
I hope that helps, (in case you changed your mind)
Cheers
Seaford Sunshine

Sort of. A contract doesn't have to be in writing so no signature is needed.

BUT contracts relating to land do need to be in writing to be enforceable.

At the moment it appears that the op has made an offer to lease - but the otherside hasn't accepted so the op could withdraw the offer before acceptance.

 

[lolipss]

Sort of. A contract doesn't have to be in writing so no signature is needed.

BUT contracts relating to land do need to be in writing to be enforceable.

At the moment it appears that the op has made an offer to lease - but the otherside hasn't accepted so the op could withdraw the offer before acceptance.

So i definitely can still withdraw the contract since the tenant has not signed it?

Do i just tell my PM to do this, or there is another process?

Is there a deadline date when the tenant need to signed it by? Or they can hold and not signed it until the current lease finish?

 

[vaughan]

Dear Lollipss,
a legal contract ( a lease is one of these)
needs
1. Payment
2. Signature.
apart from a few other things,
so if that has not happened

you don't have a contract
I hope that helps, (in case you changed your mind)
Cheers
Seaford Sunshine

In NSW the RTA does not require either signature or payment for the agreement to be enforceable.

----

17 Certain unexecuted residential tenancy agreements enforceable

(1) If a residential tenancy agreement has been signed by a tenant and given to the landlord or a person on the landlord’s behalf and has not been signed by the landlord:
(a) acceptance of rent by or on behalf of the landlord without reservation, or
(b) any other act of part performance of the agreement by or on behalf of the landlord,
gives to the document the same effect it would have if it had been signed by the landlord on the first day in respect of which rent was accepted or on the day on which such an act was first performed.
(2) This section applies despite section 54A of the Conveyancing Act 1919.

 

[Terryw]

So i definitely can still withdraw the contract since the tenant has not signed it?

Do i just tell my PM to do this, or there is another process?

Is there a deadline date when the tenant need to signed it by? Or they can hold and not signed it until the current lease finish?

Yes, any offer can be cancelled before it is accepted.

Have you or your agent signed it? Even if the other side signs you may be able to pull out if you haven't signed. But if you have then you would be locked in.

I am not sure if there are any tenancy laws which will vary this. So check with your agent.

 

[kathryn d]

I would have thought the tenants would be required to go to the PMs office to sign, or have the PM go to the tenants house.

That's how we handle our contracts.
They are also given a deadline to respond,or the rental is advertised as available.

 

[Goofy]

It depends.... did they tenant request the lease (and therefore submitting an offer to pay x dollars, for x term in return for x property)? If so, then by sending the leases you have accepted the offer (as such accepted the tenants offer to pay x dollars for x term in return for providing x property) and thus both the offer and acceptance conditions have been proved and you would not be able to retract your acceptance.

Looking at it from the viewpoint if the tenants took the matter to VCAT - unless you had a pretty damn good reason for wanting to withdraw your acceptance the tenants would win - just changing your mind would not suffice, nor would "I'm considering selling" pretty much the only way out would be if you are suffering some form of hardship and require the property back soon.

 

[wylie]

What is the reason you wish to withdraw the contract?

Do you want the tenants to leave?
Do you want to charge more than that stated on the contract?

 

[lolipss]

I think my agent has sent the contract with her signature on it.
I will double check this tomorrow with the agent
Thanks for the information all

 

[AlmostBob]

My PM sent a signed copy to the tenant,,, faaaaaaaaaaaaaaark
how much do you pay your PsychoMonkey to put the control of your property with the tenant

when you bought the property, did you get an unlimited time to complet the contract?

I cant afford to have a quarter million just sitting there waiting for a tenant to make a decision

PM & You

 

[womble66]

In NSW the RTA does not require either signature or payment for the agreement to be enforceable.

----

17 Certain unexecuted residential tenancy agreements enforceable

(1) If a residential tenancy agreement has been signed by a tenant and given to the landlord or a person on the landlord’s behalf and has not been signed by the landlord:
(a) acceptance of rent by or on behalf of the landlord without reservation, or
(b) any other act of part performance of the agreement by or on behalf of the landlord,
gives to the document the same effect it would have if it had been signed by the landlord on the first day in respect of which rent was accepted or on the day on which such an act was first performed.
(2) This section applies despite section 54A of the Conveyancing Act 1919.

another clear example of the current nsw rta where it soley refers to the tenants rights and not the 'poor' landlords.

so if the landlord doesn't sign a lease but collects the rent then there is an enforcaeable contract but if the tenant doesn't sign but keeps paying rent as per the new lease, as in the OP case, then there is no enforceable lease/contract.

 

[Scott No Mates]

Womble, it is the landlord/agent who prepares the lease for the tenant to sign not the other way around. The document is sent to the tenant (or the tenant comes in) to sign. Once signed by the tenant (and rent paid/accepted), it is binding. The tenant is currently under no pressure to sign the lease as they currently sit on the existing lease and even if they don't sign the lease upon expiry will go onto a periodic tenancy. There is no stacking up against the landlord, just a continuation of the existing lease, there is no creation of new rights etc unless the tenant returns a signed lease. If you want to get ballsy, instruct the PM to put up a for lease sign (in the required period) advertise it with a hopeful rent and see how quickly the tenant returns the lease seeing that they are on a good thing.

(Almost Bob, I'd shoot the PM too if they sent out signed documentation, not waited for the return of a signed lease).

In contrast to a sale, the buyer signs an unsigned lease, may pay a deposit etc but it is not binding until the seller accepts.