Hi there,
have a situation unfolding at the moment. We have sold a tenanted IP with six months to run on the lease, the tenant has been rather difficult and gave notice that they were leaving. They left the house with one month's notice...they believe they do not have to pay any more rent as the house is now under contract and we did not try to relet the property as we had an interested party (the subsequent purchaser) from early in the process.
The house in in QLD; from trying to decypher the Residential Tenancies Act 1994 I can't see why they would have grounds to come to this conclusion. Am I correct in believing that, as signatories to the fixed term contract, they must honour it, even though we made no attempt to find another tenant (as we had a buyer who was happy to move in after settlement)?
Of course, if the tenant wished to stay in the house after the sale, they are protected in the lease to do so. Does it not work both ways - I sell the house, but they are obligated to fulfill the obligation to the lease agreement until the lease ends or until a mutually agreeable time?
Thanks in advance for any sage advice....
Mirv
have a situation unfolding at the moment. We have sold a tenanted IP with six months to run on the lease, the tenant has been rather difficult and gave notice that they were leaving. They left the house with one month's notice...they believe they do not have to pay any more rent as the house is now under contract and we did not try to relet the property as we had an interested party (the subsequent purchaser) from early in the process.
The house in in QLD; from trying to decypher the Residential Tenancies Act 1994 I can't see why they would have grounds to come to this conclusion. Am I correct in believing that, as signatories to the fixed term contract, they must honour it, even though we made no attempt to find another tenant (as we had a buyer who was happy to move in after settlement)?
Of course, if the tenant wished to stay in the house after the sale, they are protected in the lease to do so. Does it not work both ways - I sell the house, but they are obligated to fulfill the obligation to the lease agreement until the lease ends or until a mutually agreeable time?
Thanks in advance for any sage advice....
Mirv