There is no lease in place, why would you need the tribunal or to give her notice?
Tenant? What tenant?
Show me the lease the tenant signed and the receipt for bond.
Vendor wont leave
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Show me the lease the tenant signed and the receipt for bond.
Change the locks
Arrange a visit from the Comancheros
If all else fails, just seek an order to vacate the premises (probably need to acknowledge that there is a tenancy in place and serve notice to terminate).
Arrange a visit from the Comancheros
If all else fails, just seek an order to vacate the premises (probably need to acknowledge that there is a tenancy in place and serve notice to terminate).
I am not a property lawyer so don't know the answer, but that link (to a secondary source and not to the legislation says:
So there may be something in the act which supports this statement. I have had a quick look and could find these relevant sections.
s16
http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2010207/s16.html
this allowss the tribunal to make an order:
if
This seems to get around s23c of the Conveyancing act by making an oral agreement become a written agreement.
Lazy agents!
When I bought my house aged 23 , the vendor refused to move out and claimed all sorts of things.
I was really upset and almost homeless.
We were told by our solicitor that we needed to bring things to a head and break in to our own home.... to change the locks
I imagined being arrested for breaking in.
We did that, and the vendor , had arrived. He wanted his things.
We agreed to give them to him, but a bit of quick thinking from me, got him to agree to put his signature on a scrap of paper which said
'I gave them the key'. and he put his his signature on it
I remember his solicitor was the head of the law society, we sat in our soli's office while he telephoned him and said we were in possession of that scrap of paper ( and the new key)
end of.
I do hope this helps,
Perhaps you take possession, ( perhaps notify the local constabulary beforehand) good luck and keep your sense of humour, remember this will be a dinner party conversation piece after wards
When I bought my house aged 23 , the vendor refused to move out and claimed all sorts of things.
I was really upset and almost homeless.
We were told by our solicitor that we needed to bring things to a head and break in to our own home.... to change the locks
I imagined being arrested for breaking in.
We did that, and the vendor , had arrived. He wanted his things.
We agreed to give them to him, but a bit of quick thinking from me, got him to agree to put his signature on a scrap of paper which said
'I gave them the key'. and he put his his signature on it
I remember his solicitor was the head of the law society, we sat in our soli's office while he telephoned him and said we were in possession of that scrap of paper ( and the new key)
end of.
I do hope this helps,
Perhaps you take possession, ( perhaps notify the local constabulary beforehand) good luck and keep your sense of humour, remember this will be a dinner party conversation piece after wards
Last edited:
Perhaps you take possession, ( perhaps notify the local constabulary beforehand) good luck and keep your sense of humour, remember this will be a dinner party conversation piece after wards
I wish i could but im working out remote in NT and the house is in adelaide
Thanks for the advice guys, Rang my conveyancer and she needs to talk with her superiors as shes never had this happen before either...
Ill update with an outcome (hopefully very shortly)
Therein lies the problem. And the reason many recommend that a solicitor be used. Not for the 99% of cases which all go smoothly...
Buy you are Terry W, we shine the Terry spotlight into the night sky to summon his wisdom to somersoft legal issues, surely you must know?
In QLD, my understanding is that if an owner wants to remain for a period of time after settlement, they remain under licence, not as a tenant. I believe the reason for this is so that the tenancy laws do not apply. While it has not happened to me, I would assume that I had the right to forcibly remove them. Might that apply in your case as well? If so, then you can still claim the monies they owe, via your state CAT as a debt, not unpaid rent.
A licence agreement implies a licence. But without anything in writing this makes things difficult - tenant, licenced ocupier, swatter?
Terry, as I mentioned, I have never had a defaulting experience, so do not know the likely outcome, however the "once in a blue moon" when the vendor wanted to stay, the lawyers added a special condition to the contract to reflect this. Its a simple clause which I will repeat here.
The seller may remain in the property for a period of ... after settlement The Sellers possession is under a licence personal to the seller and is not a relationship of landlord and tenant. The seller indemnifies etc.
That's pretty much it.
I've had a situation in a NSW probate matter where the house guest asserted (after the owner of the house passed away) that there was an oral tenancy agreement between her and the person that passed away.
Very difficult to remove her quickly from the property. Involved an application to the Residential Tenancies Tribunal (as it then was) at which time she asserted that an oral tenancy agreement existed. We got her out but it wasn't quick with several adjournments in the Tribunal.
Very difficult to remove her quickly from the property. Involved an application to the Residential Tenancies Tribunal (as it then was) at which time she asserted that an oral tenancy agreement existed. We got her out but it wasn't quick with several adjournments in the Tribunal.
Get legal advice ASAP. If this occur to me once we had an written agreement.
I sense the tenants knowing exactly what he/she is doing. Once it gets to the point of being an issue he/she will move out and not pay you a thing. You need to push it or change the locks.
Really your conveyancer should be sued as well if it gets bad or at least report them to the conveyancing or legal certifier in SA for failure in duties.
This all sounds a set up.....by the vendor / tenant.
Peter
I sense the tenants knowing exactly what he/she is doing. Once it gets to the point of being an issue he/she will move out and not pay you a thing. You need to push it or change the locks.
Really your conveyancer should be sued as well if it gets bad or at least report them to the conveyancing or legal certifier in SA for failure in duties.
This all sounds a set up.....by the vendor / tenant.
Peter
Hey Guys,
Yea after she was confronted by PM again she has reluctantly handed keys over but left the gardens overgrown and house dirty, on a good note, Have new tenants moving in shortly (Paying tenants ) I will just have to write off outstanding Rent as the cost of education
Thanks again
Yea after she was confronted by PM again she has reluctantly handed keys over but left the gardens overgrown and house dirty, on a good note, Have new tenants moving in shortly (Paying tenants
) I will just have to write off outstanding Rent as the cost of education Thanks again
Dodged a bullet there!
Chalk it up to experience.
Peter
Chalk it up to experience.
Peter
Wrongggggggggggggggg.I would chase your agency for reimbursement.What the???? are you seriously thinking.PM me,i will give you the PM i use in the south.Keep the one you have and you will be asking for trouble.Stand up for yourself.
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