All Topics / Help Needed! / Vacant Possession – but house is a dump???

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  • Profile photo of energy4anarchyenergy4anarchy
    Member
    @energy4anarchy
    Join Date: 2009
    Post Count: 47

    Hi Experts :)

    We settle on the 14th August… house number 3 which is our PPOR (2 others are IP)

    I'm in Victoria.

    Anyway… we got a good price on the house which needed reno's and scared alot of other customers away because the tenant was very, very, very messy!

    Anyway, we've driven past the property a couple of times and will book a final inspection 1 week (7th August) before it settles.

    At the moment – the guy hasn't moved a thing and there is literally, crap everywhere. We're a little concerned he's a) going to leave us junk everywhere and b) not going to be ready to leave on the 14th?

    When we signed the contract – it included all chattells etc as you'd imagine, but also Vacant Possession?

    First question – is there anyway we can forcibly make sure that all his stuff is gone on the 14th. There is easily a few loads to the trip with all his crap and we don't really want to do it for him?

    Also… god forbid… he is not ready to move out on the 14th? Say he hasn't moved all his crap…

    Unfortuantly… we only have a week buffer… meaning, the roof over our heads now is becoming a rental and must be available on the 22nd August… so it leaves 7 days to do the move from the 14th???

    Any help/advice would be great… past expirience etc???

    Thanks Guys and Gals

    JR

    Profile photo of LinarLinar
    Member
    @linar
    Join Date: 2004
    Post Count: 567

    Get your conveyancer to contact the owner's conveyancer and remind them that settlement is due on 7th with vacant possession and at the moment there is crap everywhere.  This might be enough to remind the owner that it all needs to be cleared up.

    If the property is cleared up by 7th, you have two options:

    1.  Threaten to rescind the contract due to non-vacant possession.
    2.  Refuse to settle until you are given vacant possession.
    3.  Settle and remove all the stuff yourself.

    It sounds like you really need to move into the place so options 1 and 2 aren't really available to you.  I think the best you can do is to remind the owner to clear out the stuff and hope that he/she does it.  You could always threaten options 1 and 2 to hurry the owner up.

    Cheers

    K

    Profile photo of karen.karen.
    Member
    @karen.
    Join Date: 2009
    Post Count: 196

    we had a similar story.  but the tenants had already moved out.  there was heaps of junk under the house still and a few bits of furniture inside the house.  stuff that the tenants decided they didnt want.

    the owner said that itd all be removed before settlement. 

    in the end it was never moved and we had get rid of it all ourselves.

    the solicitor said that if he had known that it was all there he would have recommended something be put into the contract.  however i never mentioned it to him in my naivity because the real estate agent said it would all be removed.  aaaaaah u definitely learn tricks as u go along ;)

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