What the heck can I do??? Tennants "cant" find place to move to from our new PPOR

[Witzl]

We are stuck between a rock and a pretty farked up place, so im half venting, half looking for help and advice....

.... My fiancee and I bought our PPOR back in early March, and it was due to settle next monday, 27th April. I just received a call from my conveyancor, passing on the message that the tennants currently in the townhouse we are buying (our new PPOR) apparently "cant find anywhere to go", and they are asking to stay until the 4th May.

Here is the problem. We are tennants ourselves, and our lease expires on the 8th May and we have already given notice that we are vacating. I just checked with the PM for our current rental home, and they havent signed a new lease yet.....

So, what happens if the tennants in our PPOR still cant "find" a place to move to after the 4th May? What if they dig their heels in and dont move until after our current lease expires on the 8th May and then WE have nowhere to go??
Is there anything we can do?
For the moment we now have to cancel ALL our appointments for moving (removalists, furntiture deliveries, phone lines, internet, foxtel, trailer hire, getting friends to help, annual leave from work... etc.etc) - but if it goes any further than the 4th May we are royally SCREWED.

I'm serisouly pulling my hair out.
Literally.

Do i just have to bend over and lube up, and hope it doesnt hurt too much?

 

[ben73]

Maybe a little harsh, but I don't see it as your problem.
They aren't looking hard enough.

Do they want to rent the place you are in now by any chance? Swap

or, tell them they can stay there. Jack up the rent to the upper level of 'reasonable' for the place and it may generate income for you to stay where you are and be cash flow +ve for a while. This may not work if you are using the FHOG however.

They will then keep looking for a better rent deal elsewhere and eventually go.

 

[wylie]

Why can't they do what anybody else would have to do, find a short stay hotel style accommodation from when their deadline finishes.

A few weeks of paying that and they may lower their expectations a tad .

Why should you be inconvenienced when they have had plenty of notice?

 

[wylie]

My fiancee and I bought our PPOR back in early March, and it was due to settle next monday, 27th April. I just received a call from my conveyancor, passing on the message that the tennants currently in the townhouse we are buying (our new PPOR) apparently "cant find anywhere to go", and they are asking to stay until the 4th May.

Just tell them "sorry, we have to move out ourselves, and you will have to find a motel".

 

[Jacque]

Hi Witzl

No big deal- just politely decline their request or, if you can and it doesn't mess up your schedule, give them a few more days. These things happen all the time with tenants, previous owners and buyers requesting changes to settlement dates.
However, if they've been given sufficient notice from their landlord then it's not your issue. It's hassle enough to move into your first PPOR without having to worry about where the previous tenants are going to move to.
Sounds like they're disorganised and haven't planned properly.

 

[josko]

hey Witzl,

I had a similar situation a few years back. The tenants have to move. Don't worry until it is necessary and keep your managing agent onto it.

Regards JO

 

[Propertunity]

Hi Witzl,

Did you buy subject to existing lease or vacant possession?

 

[Collector]

I do understand your situation and I too see this regularly.

Unless you can come to some type of arrangement with the tenant there is not much you can do other that wait it out.

I can understand how stressful this is for you, try to look at the big picture, and try not to worry too much about the small stuff.

Talk to your PM and explain the situation - they would also see this all the time.



Also - don't settle until the tenant has vacated this would put pressure on the vendor to act.

 

[Witzl]

Thanks for all the comments and advice everyone. Yes this has me quite stressed, because the PM is actively seeking new tennants for the rental property we live in now - where our lease expires on the 8th May.
If he finds tennants and signs them up..... we HAVE to leave the place we live in now.

The contract is for Vacant possesion, the tennants were there when we inspected the place (three times), they have been given notice to vacate by the 23rd April (30 days notice as required by RTA when rental property is sold).... and only YESTERDAY do i get the phone call.

Thats just total disregard and laziness in my books.
Oh, and it gets better!! Apparently the family went on HOLIDAY TO INDIA! Which is perhaps why they havent found a new house.

I totally see this as their responsibility, they've had plenty of notice... so go live in a bloody motel! Not my problem.


I've got the selling agent to contact the tennants (both are indian, and have a good rappore) to find out the story. He should be getting back to me this morning.


Just like collector mentioned, my conveyancor yesterday said that basically we cant do anything thanks to the one sided residential tennancy act (tennants rights... grrr). This doesnt bode well, because if it goes beyond the 8th May, I HAVE NOWHERE TO LIVE.

 

[Propertunity]

If he finds tennants and signs them up..... we HAVE to leave the place we live in now.

No Witzl, you pull the same stunt as your Indian friends. You have plenty of time. Chill.

The contract is for Vacant possesion,

Fine, then you get to relax even more. You just refuse to settle until the place is vacant as per the contract. Then its the vendor's problem.

because if it goes beyond the 8th May, I HAVE NOWHERE TO LIVE.

You really need to think more like a tenant sometimes Witzl. You can't move because you have no place to go - simple as that.
Yes, it does stuff up your plans for removalists etc. But you've cancelled all that now. Its easy to reinstate all that.

 

[Witzl]

No Witzl, you pull the same stunt as your Indian friends. You have plenty of time. Chill.

Even if we already have given notice to vacate, and he has signed up new tennants?

maybe im just too proud to make the "im a poor helpless tennant" call at our current property.... i would feel like a real douche having to do something like that. Additional to that, I dont want to blemish my otherwise impecible rental history, as i will more than likely be a tennant again one day.

Having a quick read of the tennantsNSW website, it seems that i'd just about have to go to tribunal if i stay beyond the agreed vacate date (8th May)... thats not something i want marked against my name.
This does also mean the tennants in our PPOR-to-be can do the same.

Crud.

 

[Propertunity]

Even if we already have given notice to vacate, and he has signed up new tennants?

Yep - change of circumstances. Send them a letter now stating same. All very sorry, out of your control type of stuff.

maybe im just too proud to make the "im a poor helpless tennant" call at our current property.... i would feel like a real douche having to do something like that.

Get over it (your pride that is)

Additional to that, I dont want to blemish my otherwise impecible rental history, as i will more than likely be a tennant again one day.

You don't blemish your record for an attendance at the Tribunal.....only for bad stuff like not paying rent / malicious damage etc.

Having a quick read of the tennantsNSW website, it seems that i'd just about have to go to tribunal if i stay beyond the agreed vacate date (8th May)... thats not something i want marked against my name.

It won't be. You are still offering to pay rent while there - non issue.

This does also mean the tennants in our PPOR-to-be can do the same.

Yep.

 

[Petal]

Do not, I repeat do not settle with the tenants still in place.

I will say that a bit louder DO NOT settle with the tenants still in place.

They will become YOUR problem and not the current vendor.

 

[sunshine]

Hi Witzl, I agree with Propertunity. I have been the tenant in this situation.

Our PPOR was supposed to settle before our rental was sold, but there were huge delays with the property that the vendors were buying.

Our Solicitor advised us to stay put. Apparently things like this happen all the time and there isn't much you can do about it.

We only overstayed our tenancy by about a week. It was a further 7 weeks before our PPOR settled.

Sunshine

 

[AUSPROP...]

Do not, I repeat do not settle with the tenants still in place.

I will say that a bit louder DO NOT settle with the tenants still in place.

They will become YOUR problem and not the current vendor.

agree with this totally.

I am not sure what the problem is... you say the PM of the place you are in hasn't found new tenants yet...so ask for another week. If the new purchase goes thru on time then you waste a weeks rent, no biggy is it? we all know rent is stuff all. The vendor will be on penalties if it is delayed too much

 

[csc]

why cant the PM offer your unit you are renting to the other party...easy fix..clean swap.,,,.you move into your own house and the rent a scums keep renting.....

 

[Perp]

Do not, I repeat do not settle with the tenants still in place.

I will say that a bit louder DO NOT settle with the tenants still in place.

They will become YOUR problem and not the current vendor.

I also want to add my chorus of support; Petal is spot on. Not that I'm surprised; she's a smart gal.

 

[Witzl]

i never had ANY intention of settling with the tennants in place.
Contract is for vacant possesion - and thats what I want.

I'll be staying put in our place until the tennants are gone from our new PPOR. I'll just have to discuss with the PM of our current rental house to keep him in the loop.

WRT to doing a "swap" on the properties..... how would that logistically work? What if there are issues with our new place that need to be addressed prior to settlement/moving in (such as steam cleaning carpets, repairs, etc)?
Where would you put all your stuff whilst the other people are moving out and into where you are? there would be a rather uncomfortable overlap.

 

[wylie]

Where would you put all your stuff whilst the other people are moving out and into where you are? there would be a rather uncomfortable overlap.

Just like when we settled on our PPOR and thought the new owners would be moving in the same day, immediately after settlement (fairly normal). You just put all your stuff near the door, then move it all into the front yard. Then when you hear that your movers have double booked and will be a few hours late you move it all onto the footpath (including the six month old baby sitting in his high chair next to the "sold" sign.)

Then the movers fill the biggest truck but cannot fit everything in (after knowing full well how much stuff we had) and say "sorry love, have to move the rest yourself". Sure, me and the baby will do that, thanks chaps!!!

That was fun, a husband who couldn't help because he was at a job interview, luckily friends who packed their cars and several trailer loads later we got it moved.

Our buyers didn't move in for about six weeks . If we had known, we could have relaxed. Moving is such fun .

 

[Witzl]

I dont think i like that plan Wylie

I've now resigned to just "wait and see", and pull out the tennant hardship card on our current rental house when/if the tennants in teh new PPOR dont move out in time.

I think i might drink a lot of beer tonight and watch family guy... that'll make me feel better