Hi All,
This is lining up to be our first problem tenant in our landlording history.
This woman moved into our property with the intention of purchasing it. Contract was exchanged subject to finance. (2 weeks) After several months of extentions to her finance clause we decided to no longer give extentions. She then recinded the contract of sale and her deposit was refunded. We put the property back on the market while keeping the door open for her if her finance was approved. On 20th Dec we exchanged an unconditional contract (35 day settlement - vacant possession) and my lawyer advised to serve her 30 days notice. On 21st Dec a letter was delivered to her door. She failed to answer the knock so letter was slipped under the front door. Later that day we received this email -
I replied with this.
Apparantly she is spending most of her holidays in Melbourne but maybe going overseas for a short period. I do have to provide a Home Owner Warranty Insurance certificate for the sale since it was an owner built property. This requires an inspection to be carried out by a building certifier in the next couple of weeks. It seems I have to give her 7 days written notice for an inspection to occur. Just wondering what happens if she ignores any request and how to proceed from here?
Any info appreciated.
This is lining up to be our first problem tenant in our landlording history.
This woman moved into our property with the intention of purchasing it. Contract was exchanged subject to finance. (2 weeks) After several months of extentions to her finance clause we decided to no longer give extentions. She then recinded the contract of sale and her deposit was refunded. We put the property back on the market while keeping the door open for her if her finance was approved. On 20th Dec we exchanged an unconditional contract (35 day settlement - vacant possession) and my lawyer advised to serve her 30 days notice. On 21st Dec a letter was delivered to her door. She failed to answer the knock so letter was slipped under the front door. Later that day we received this email -
I received the notice this morning which woke me. Also 48 hours notice is required for anyone to enter the property. 2 weeks ago the realestate were notified of my holiday arrangements being that l would be returning on the 25th January 2014. Which you were informed of. So you have served a notice requesting me to vacate when you know l wont be here.... The ctt have been notified and an order will be made in my favour as its all in writing .I have been advised to let you know in writing that as l am a paying tenant and correct notification has not been given l am to let you know that l do not give my permission for anyone to enter the property whilst l am on holiday.
I replied with this.
Nobody entered the residence at ........ this morning. A notice was merely delivered to your front door around 9am.
Despite inconveniences for both parties, our own recent discussions with Department of Fair Trading (DFT) outlined the fair legal responsibilities according to our lease. We merely acted on the advice given by DFT within the terms of the agreement and are attempting to do things fairly, in compliance with the lease. You were well aware that the property could be sold at any time and our lease agreement clearly states the terms of notice required in such a situation. We had no foresight of the timing of the sale. We cannot see any mention in the lease agreement that going on holidays constitutes grounds for waiving or changing the terms for issuing notice to vacate.
If you are unwilling to vacate on this date we shall, again, follow fair and due process which allows the Consumer Trading and Tenancy Tribunal to make a ruling.
Apparantly she is spending most of her holidays in Melbourne but maybe going overseas for a short period. I do have to provide a Home Owner Warranty Insurance certificate for the sale since it was an owner built property. This requires an inspection to be carried out by a building certifier in the next couple of weeks. It seems I have to give her 7 days written notice for an inspection to occur. Just wondering what happens if she ignores any request and how to proceed from here?
Any info appreciated.