Hi Guys, just seeking your thoughts on my situation – or a possible resolution.
I purchased a house several months ago in Brisbane, it had tenants contracted until this weekend. Upon purchasing the property I gave the selling agent (also the leasing agent to the current tenants and rental-manager of my other IPs) notice of my intent to occupy this property and asked that the tenants be given more than enough notice of this. I requested that their lease end date was thier move out-date.
Today I phoned the agent about marketing my current PPoR as a rental (As I will be moving out, into the new property this weekend). The agent has now told me that the tenants will not be moving out this weekend, but 2 weeks later. This is because they were not given he appropriate notice by the agent (agent error), and legally have a right to stay until then.
Why this has caused such grief to me?
I have taken 2 weeks off work (to renovate this house -paint and polish timbre floors) and then move in.
In this time I have :
- booked removalists
- booked tradies
- booked equipment
- my 2 weeks off coincides with school holidays (kids will be with me while wife works)
- my wife taken on extra shifts
- we are packed and ready to start moving this weekend, not in 3 weeks from now.
- by the time the tenants do move out, I will be back at work…!!!!!
I am furious at the agent for their mistake and laziness and lack of communication..
If this is not resolved by tomorrow, I will be removing my IPs from their books. It is an agent error, but I am not sure what other course of action to take.
Any thoughts on how I can hold the agents responsible and get a result that is fair to me and the tenants??
Ciao
its a tough one and happens all the time. Was it a condition on the contract of sale? If so you could refuse to settle until they are out. It will help you save some interest, but doesn't help with your plans and time.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Terry,
Sorry to hear that this happens all the time..
The property settled months ago. The tenants have remained as their rental contract is in place until this weekend, and they have been paying rent to me. The problem is that the agents knew that the tenants needed to be out, but they didn't notify them in time.
Ive since been informed that the tenants have an application on another place that if successful are happy to move into on Monday. That would mean that I only loose a few days. If their application is rejected (possible – they have a cat), I am really stuck…
cheers
I think you should probably try your luck with asking the agent for compensation. If they refuse then not sure what else you could do.
I have just seen a case where the purchaser had arranged to move in on settlement day, but the tenant had not moved out, and refused to move out because they hadn't found somewhere to move into. They are being taken to the tribunal, but it could be weeks before they are able to be kicked out.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
If you feel the Agent is negligent in regards to the serving of the appropriate Form 12 or 13 i would be looking to the REIQ as a place to start for compensation.
Richard Taylor | Australia's leading private lender
We have friends who rented out their first house and moved to the country. They moved back after a few years, wanting to live in their first house, having given the required 60 days notice in writing. (NSW) The tenants didn't want to move, said they couldn't find another place, and our friends had to stay with other friends until the matter went to the Tribunal.
Seems that tenants rights are above the landlords!quickchick
BreakEven wrote:Hi Terry,Sorry to hear that this happens all the time..
The property settled months ago. The tenants have remained as their rental contract is in place until this weekend, and they have been paying rent to me. The problem is that the agents knew that the tenants needed to be out, but they didn't notify them in time.
Ive since been informed that the tenants have an application on another place that if successful are happy to move into on Monday. That would mean that I only loose a few days. If their application is rejected (possible – they have a cat), I am really stuck…
cheers
Hopefully their application works out – perhaps you could offer to provide a personal reference instead of leaving it to the agent so you can try to give them a better chance of succeeding.
In the meantime, why not serve notice to your agent that you will be terminating all your services with them within 14/30/whatever days. This should get their attention and provide an opportunity for you to negotiate free advertising/listing service/management fee period/something in return for them keeping your business. Dangling a juicy carrot in front of the agent could be a quicker way to effectively obtain compensation for their stuff up.
Good luck!
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