Can anyone recomend a good tenant lawyer?

[pob]

We thought we found a place to rent, signed the contracts, paid the deposit, phew thats a weight off our mind.

It seems like the landlord has other ideas and now wants to sell the property. All this bewteen him signing the contract and before we have picked up the keys.

I think we now need legal advice, so can someone reccomed a good tenant lawyer?

 

[Parley]

You won't be able to stop him selling it.

Just move on and find somewhere else. Not worth pursuing.

[Marisawright]

29 minutes ago, pob said:

We thought we found a place to rent, signed the contracts, paid the deposit, phew thats a weight off our mind.

It seems like the landlord has other ideas and now wants to sell the property. All this bewteen him signing the contract and before we have picked up the keys.

I think we now need legal advice, so can someone reccomed a good tenant lawyer?

Which state are you in?  The law is different in each state.  However, you don't need a lawyer.   Each state has a mechanism for tenants to have disputes settled.  In NSW there's a Tribunal, for instance, and you don't need a lawyer to represent you. 

If you were already occupying the premises, then in most states you'd be entitled to live there for the full term of your fixed tenancy, even if the property is sold.  I'm not sure how you stand if your tenancy hasn't started yet, sorry. 

Edited October 15, 2022 by Marisawright

[Skani]

1 hour ago, pob said:

I think we now need legal advice, so can someone reccomed a good tenant lawyer?

 

From memory you are in NSW?  If so, the NSW Tenants' Union has plenty of information here and also contacts for a local branch if you need more personal advice:  https://www.tenants.org.au/     If not in NSW your state will have a similar organisation.

[pob]

Sorry, I should have said I am in Sydney. I keep forgetting different States have different laws.

 

We got the keys yesterday and the owner was wanting to book viewings twice a week for the next 18 months.

This seems unreasonable to me as I like my privacy.

 

Just moving on isn't really an option as it has taken us over two months to find a house to rent. We were supposed to move in today with an overlap of our temporary accomodation by a few days. Our 40ft container of goods arrives in a week. We have purchased a new sofa, arm chairs and a bed, how am I going to fit all of that into a one bedroom air B&B when we need a four bed house with a garage. Air B&B costs about four times what a house does to rent.

If the owner was honest and had told us this BEFORE we signed the contracts we would never have rented the place.

Finding out that the owner is selling three hours before you get the keys is not really my idea of being fair and honest.

 

[Tulip1]

Has the landlord signed the contract? If not then there is no contract between you both.  It’s very annoying for you but as long as you get your money back I see little point in pursuing it as you probably won’t get anywhere.  A property owner has the right to sell.  They could have sudden compelling reasons to need to sell.  Good idea to contact the organisations mentioned or Citizens Advice (if they have that or similar) for clarity.  It’s annoying for you but you need to just move on and find another place. 

[Tulip1]

15 minutes ago, pob said:

Sorry, I should have said I am in Sydney. I keep forgetting different States have different laws.

 

We got the keys yesterday and the owner was wanting to book viewings twice a week for the next 18 months.

This seems unreasonable to me as I like my privacy.

 

Just moving on isn't really an option as it has taken us over two months to find a house to rent. We were supposed to move in today with an overlap of our temporary accomodation by a few days. Our 40ft container of goods arrives in a week. We have purchased a new sofa, arm chairs and a bed, how am I going to fit all of that into a one bedroom air B&B when we need a four bed house with a garage. Air B&B costs about four times what a house does to rent.

If the owner was honest and had told us this BEFORE we signed the contracts we would never have rented the place.

Finding out that the owner is selling three hours before you get the keys is not really my idea of being fair and honest.

 

So you have the keys which is the same as moved in I think. They aren’t saying you can’t move in but that they will need potential buyers to view it.  I’m sure in the small print of the contract you have to allow that although no idea how often.  They are not revoking the contract then, just looking to sell with a tenant in situ which is quite normal and happens a lot.  All you now need confirmation on is what is reasonable access for viewings.  You say twice a week for viewings? Very unlikely to need 18 months to sell the place.  You mean twice a week viewings until buyer found.  Finding out hours before may not be your idea of fair and honest, it certainly doesn’t sound fair or honest but is it illegal? Very unlikely. 

Edited October 15, 2022 by Tulip1

[Marisawright]

7 minutes ago, pob said:

We got the keys yesterday and the owner was wanting to book viewings twice a week for the next 18 months.

This seems unreasonable to me as I like my privacy.

....

Finding out that the owner is selling three hours before you get the keys is not really my idea of being fair and honest.

 

I agree he should've been honest but he's within his legal rights to sell, and he's legally allowed to show the property twice a week for as long as it takes to sell. So there's nothing you can do about either of those things.

I'm pretty sure there's nothing in NSW tenancy laws that says the owner must disclose his plans for selling the property when advertising it for sale, so you can't get him on that either.  

The thing is, the viewings are the only thing that will affect you, and he's not going to have viewings twice a week for anything like 18 months, unless he's willing to change real estate agents every few months.  Agents will hold 'open for inspections' twice a week for a few weeks, but then when interest dies down, they won't do it -- they'll do 'by appointment only' and that will be infrequent. 

The new owner can't throw you out. You are entitled to live in the property for the full fixed term you signed up for, regardless of who buys it.

 

[calNgary]

1 hour ago, Tulip1 said:

So you have the keys which is the same as moved in I think. They aren’t saying you can’t move in but that they will need potential buyers to view it.  I’m sure in the small print of the contract you have to allow that although no idea how often.  They are not revoking the contract then, just looking to sell with a tenant in situ which is quite normal and happens a lot.  All you now need confirmation on is what is reasonable access for viewings.  You say twice a week for viewings? Very unlikely to need 18 months to sell the place.  You mean twice a week viewings until buyer found.  Finding out hours before may not be your idea of fair and honest, it certainly doesn’t sound fair or honest but is it illegal? Very unlikely. 

Totally agree with this.

Have you been asked to leave? If not , it is quite common for rental houses to sell, the buyers cannot kick you out if you have a contract and they will know this before they buy. I would be asking if they are looking to move in at the end of your lease though and if so then i would look around for something else and keep an eye on the market a good few months before the lease expires , if not sooner.

          Cal x