Bridgeman Posted November 1, 2012 Share Posted November 1, 2012 I previously posted on here that our landlord is selling our rental property. We have a fixed term rental agreement till 13th January. We have been looking around at properties, most are available now, but have found a couple that are available 31st December. Is our landlord obliged to let us out of the agreement early as he is selling? We don't want to end up paying double rent. Not sure what the legal position is. Link to comment Share on other sites More sharing options...
Eera Posted November 1, 2012 Share Posted November 1, 2012 Google the tenancies mob for whatever your state is. Generally, you can give short notice of two weeks or so if the landlord didn't give notice of intention to sell, there's a certain time period for that notice, can't remember what it is off the top of my head but your state RTA will have the information. If you want one of the ones available at the end of December then give notice now as the agent has to make the effort to re-tenant the house and if they can't do it with 2 months you can argue they're not being effective. If they have to drop the rent to get someone else in there you might be liable to make up the difference but you're only talking about 2 weeks anyway. Link to comment Share on other sites More sharing options...
noworriesmate Posted November 1, 2012 Share Posted November 1, 2012 I previously posted on here that our landlord is selling our rental property. We have a fixed term rental agreement till 13th January. We have been looking around at properties, most are available now, but have found a couple that are available 31st December. Is our landlord obliged to let us out of the agreement early as he is selling? We don't want to end up paying double rent. Not sure what the legal position is. not unless your lease permits it or you agree it with the landlord - If he sells his investment onto another person while the lease is in force then the new owner is obliged to honour your lease and you are obliged to do the same. NWM Link to comment Share on other sites More sharing options...
newjez Posted November 1, 2012 Share Posted November 1, 2012 How can that work - if you don't agree to it? Your agreement is with the current owner? not unless your lease permits it or you agree it with the landlord - If he sells his investment onto another person while the lease is in force then the new owner is obliged to honour your lease and you are obliged to do the same. NWM Link to comment Share on other sites More sharing options...
bensdad Posted November 1, 2012 Share Posted November 1, 2012 We're in the same boat, owner has had house on market last 2 months our lease ends end November we wanted to leave and were refused , now house has sold if settlement is before lease ends we can stay till the end of lease. Link to comment Share on other sites More sharing options...
noworriesmate Posted November 1, 2012 Share Posted November 1, 2012 How can that work - if you don't agree to it? Your agreement is with the current owner? Leases allow for the tenancy to be reassigned see below link: http://www.tenantsact.org.au/rentingAdvice/tenancy-factsheets/Sale-of-Premises NWM Link to comment Share on other sites More sharing options...
Loopylu Posted November 1, 2012 Share Posted November 1, 2012 How can that work - if you don't agree to it? Your agreement is with the current owner? There will be an express clause in the lease that states that the landlord can transfer the lease to another person. However, there is unlikely to be a similar right for you to do the same with your tenancy. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted November 1, 2012 Share Posted November 1, 2012 Yes, they can sell it, but there are some rules about how they go about it. Your rights are completely protected and transferred to the new owner...they can't kick you out. Unfortunately, unless the sale is in the first two months of the tenancey (in QLD at least) then it isn't a reason for your to be able to end the agreement early. Details for QLD (this may vary for other states): http://www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/Renting-in-Queensland-booklet-Form-17a (see Page 18 - What if the lessor wants to sell the premises) Link to comment Share on other sites More sharing options...
newjez Posted November 1, 2012 Share Posted November 1, 2012 Doubt very much that that would stand up in a court of law. Has it been tested? There will be an express clause in the lease that states that the landlord can transfer the lease to another person. However, there is unlikely to be a similar right for you to do the same with your tenancy. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted November 1, 2012 Share Posted November 1, 2012 I previously posted on here that our landlord is selling our rental property. We have a fixed term rental agreement till 13th January. We have been looking around at properties, most are available now, but have found a couple that are available 31st December. Is our landlord obliged to let us out of the agreement early as he is selling? We don't want to end up paying double rent. Not sure what the legal position is. Chat with your landlord, a lot of them would prefer it vacant when it's on the market as its easier to sell. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted November 2, 2012 Share Posted November 2, 2012 Chat with your landlord, a lot of them would prefer it vacant when it's on the market as its easier to sell. This happened with us...we were 5 months into a 12 month lease and the landlord told us he wanted to sell it...we said we weren't happy with viewings as two of the three people in the house worked shifts so would be sleeping during viewings...so the landlord agreed for us to break the lease. In fact, he gave us 2 weeks free of rent for the inconvenience. I couldn't help but wonder, when six months alter the house was still on the market adn still empty if he would've been better not selling and let us rent it for the full term... Link to comment Share on other sites More sharing options...
JoandJon Posted November 2, 2012 Share Posted November 2, 2012 We're in the same boat at the moment too (great news with a brand new baby as well), and are hoping it goes to an investor so we don't have to move! (we were looking to buy in 6 months or so anyway). They seem to have priced the house competitively so it may well sell quickly, which would be easier because the viewings are a pain in the ar$e. It's worth asking if you can break your lease, but I'm pretty sure they'll have the right to say no. In Vic they have to give you a minimum of 60 days notice to vacate (even at the end of the lease), I'd imagine it's pretty similar in other states. Good luck Link to comment Share on other sites More sharing options...
Bridgeman Posted November 4, 2012 Author Share Posted November 4, 2012 Thanks everyone for your responses. This confirms what I thought. Question is now do we jump ship oursleves and incur extra costs or do we sit tight hoping it will go to an investor!! Link to comment Share on other sites More sharing options...
JoandJon Posted November 4, 2012 Share Posted November 4, 2012 Ahhh if only I had the answer to that one!! We're waiting on an answer from our landlord about breaking the lease early, and we're having a look at what's around just in case. But I'm still hoping it goes to an investor so we don't have to pfaff around!! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.