Hi,
Any ideas or if anyone knows a good solicitor on Gold Coast to help?
Background –
Purchased property and vendor wanted to rent house back for 3 months after settlement. In contract of sale it stated a rental period and weekly rent amount in $$. Since settlement vendor/tenant did not sign the Rental agreement or bond lodgement. They paid 4 weeks bond and 2 weeks rent. After the 2 weeks the tenant has not paid any further rent, and refuses to as they have some beef with everyone. They even sacked their own solicitor the day before settlement.Anyway, the Real Estate is taking them to the RTA (Tenancy) tribunal/court to have evicted. The issue is that the RTA may not rule on this as their is no RTA in place.
Anyone have any advice?
Thanks
JasonHi there
if the other party signed the contract of sale – you do have an understanding in writing which the RTA could refer to – you also have part performance if a bond has been paid and some rent has been paid.
You may not actually need a solicitor if your real estate agent is on the ball and has done these sort of evictions before.
It is a pain in the backside – but if you have landlord insurance – you may be able to claim on your insurance for the unpaid rent and have your insurance company chase the tenant for money.
thanksthanks Raddles. The Real estate has submitted it to Small claims court. I will speak with insurer to understand their stance with not have an RTA signed.
I'm not an expert in the area, but from my limited knowledge you should be able to also sue them for breach of contract as well as there is clear proof that all the basic requirements for a contract to be valid are present in the form of the contract of sale. In addition, the court may be able to issue an order for specific performance in addition to damages ifwhen you are successful with the suit.
Just my thoughts, comments and opinions.
Cheers and good luck
Thanks Winterheart. It goes to small claims court in 10 days, so should be sorted
jsawtell,
You don't need a lawyer for this as they will charge way to much. Your agent should make for an emergency warrant on the property. Unless it's the agents fault there was no bond or lease signed (did you have a appointment to act signed with you agent?) you'll more than likely looking at a debt collection process and possibly and eviction on the property. If you want drop me a line this is what my company does and I can help in greater detail.Thanks,
The real estate has a court date next Wed in small claims court for eviction and rent arrears. If I have no luck then I will let you know.
bendbanks wrote:jsawtell,
You don't need a lawyer for this as they will charge way to much. Your agent should make for an emergency warrant on the property. Unless it's the agents fault there was no bond or lease signed (did you have a appointment to act signed with you agent?) you'll more than likely looking at a debt collection process and possibly and eviction on the property. If you want drop me a line this is what my company does and I can help in greater detail.
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