Wow interesting to note in NSW that when your sole tenant dies……their lease stops immediately
– http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Being_a_landlord/Ending_a_tenancy/Giving_a_termination_notice.pageHas this ever happened to anyone?
How did you handle disposal of assets? (storage?)
I always thought that you would be able to go after estate for costs incurred during the period that it took family members etc to clear out the dead tenants personal property but according to this you don’t…… (and wouldn’t be able to touch the bond either it seems?)
Thoughts? How did you handle this if its happened to you?
Yes, one of my tenants died.
But the lease does not stop immediately at death. Notice must still be given and the estate is still liable up to this point.
See the actual law on this
s108 RTA (NSW)
http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2010207/s108.htmlYou cannot dispose of someone else’s assets. The family will usually come to collect these. You need to be careful about giving access to family too as you don’t want to give access to the wrong person who then removes property without authority.
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
wow….how can the fair trading site be so misleading.
eg. Reading the http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2010207/s108.html site basically says the estate is responsible until vacant possession is given (eg estate collects the personal belongings……)
Thanks for the tip Terry. Havent had to go through this but good to know what the facts are.
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