Vendor wont leave

new2this

new2this

Hey Guys,
Need some more advice,
My problem is i settled on an IP on 30th sept, in the last week before settlement the vendor asked through the sales agent (also my PM) if she could stay on for 2weeks at an agreed rent, the PM assured me this is fairly common and no written agreement would be needed, it is now 4 weeks later and i have recieved $200 from her ( agreed value was $290 p/week) and she is refusing to leave, Pm says they have told her to pay up and get out but she still hasnt, also they tell me they have never dealt with this situation before and think if i take her to a tribunal they may make me give her 60 days notice.......
I think because contract stated she give me vacant possesion on settlement i should have some legal grounds to remove her???
i should also mention i live in NT and house in SA or i would just go and make her leave personally.
Thanking you in advance
 
It's probably not uncommon however I'm sure the usual process is to definitely have a formal agreement. A friend of mine recently had issues when a purchaser whom he allowed possession prior to settlement had their deposit cheques bounce repeatedly. It worked out in the end but the prospect of having someone occupy your house without a formal agreement proved rather stressful. Always get such things in writing.
 
I agree with dtraeger above, if no formal contract was entered into for the vendor to stay on after the settlement date they are in breach, I'd suggest contacting your conveyancer to ask what can be done.
 
Make sure about your contract. Sometimes things are included by default. Sometimes a vendor is caught up when a settlement they need is held up.

If they have paid some but not all rent owing that may put you in a stronger position if it's not in the contract. It shows they were aware of an agreement.

If you went through a solicitor rather than a conveyancer it's time to get your money's worth.
 
I would have to disagree, tenancy agreements can be verbal and they are binding. The property settled and you agreed to a tenancy agreement of two weeks which the tenant is now in breach of. I expect you will need to issue a notice to vacate based on the arrears, and if she is then paid you are stuck with a termination notice and wait it out.

What should have been done is a written 2-4 week fixed term lease with no extensions allowed.
 
new2this said:
the vendor asked through the sales agent (also my PM)

Pm says they have told her to pay up and get out but she still hasnt, also they tell me they have never dealt with this situation before and think if i take her to a tribunal they may make me give her 60 days notice.......
Click to expand...

Therein lies your problem. The RE Agency was serving two masters (the vendor as selling agent) and you (as PM).

The RE Agency was self serving and did not do its job correctly (eg. incompetence in not documenting the arrangement). I would be pushing them to solve the issue they created. Once the dust settles and the tenant is out, I would look at whether it is worth going for compensation from the Agency as they were the ones that profited from the arrangement. (but they will probably have some weasel get out clause).
 
"Vacant possession" means just that. You (and/or your solicitor) should never have settled if the property was still occupied.

Now that you have a tenant, you are bound by state leglislation regarding tenancies, notice periods etc.
Marg
 
Sounds like vacant possession was a condition of the contract and you agreed to waive that. Now you have a 'tenant' problem with no binding agreement. Dave - think you may find that contracts can be oral, but are not enforceable regarding land unless they are written.

Maybe this is a squatter situation
 
Terry_w said:
Sounds like vacant possession was a condition of the contract and you agreed to waive that. Now you have a 'tenant' problem with no binding agreement. Dave - think you may find that contracts can be oral, but are not enforceable regarding land unless they are written.

Maybe this is a squatter situation
Click to expand...

That's my reading of the situation and with that it mind go have a good talk with a solicitor.
 
Terry_w said:
Dave - think you may find that contracts can be oral, but are not enforceable regarding land unless they are written.
Click to expand...

I would have expected dealings in land would not be enforcable, but tenancy agreements that are verbal are binding so long as they dont contravene the states tenancy act?
 
DaveM said:
I would have expected dealings in land would not be enforcable, but tenancy agreements that are verbal are binding so long as they dont contravene the states tenancy act?
Click to expand...

I think in NSW the relevant legislation would be s23c of the Conveyancing Act which states
(1) Subject to the provisions of this Act with respect to the creation of interests in land by parol:

(a) no interest in land can be created or disposed of except by writing signed by the person creating or conveying the same, or by the person?s agent thereunto lawfully authorised in writing, or by will, or by operation of law,
Click to expand...

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/s23c.html

But look at 23d too re parol.

Is a lease an "interest in land"?
 
Looking a bit further,

s7
"Conveyance" includes any assignment, appointment, lease, settlement, or other assurance by deed of any property; and
"convey" has a meaning corresponding with that of conveyance.
Click to expand...
 
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