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  • #8420

    Thank you for your forum, and I am looking for advice or input/opinions. I have resided in my current place 8 years. Quite recently(about 2-3 months ago) the owners wanted to come and make an inspection. At the time I wondered why, but my initial impression was that they must want to sell it. When I questioned the real estate regards my suspicions after inspection had occurred they denied it and advised me “all was ok”. 2 weeks ago I was contacted by the real estate informing me that they are indeed selling the property, of course they are entitled to do this, however, approximately 7 months ago I arranged an overseas trip and was going to be away 2-3 months, and this falls due in November this year. Inspections are being conducted to sell the property at the present time. What I wish to know is how does that leave me because how am I to know how I am situated with ongoing inspections, not knowing if the new owner will be an investor or owner/occupier? If the property gets sold in the next 2-4 weeks which will be mid-late October, I had planned to be away from November to January and maybe a bit longer. What rights do I have in this regard as I planned this more than 6 months ago? It will not be easy to quickly find another property, and also I would need time when I come back in order to find something and move my property because obviously I won’t be able to do that when I am overseas. The real estate said “they would work in with me” but I don’t really trust this verbal say so. Your advice would be sincerely appreciated.

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    Jimmy-T
    Keymaster

      You don’t say if you have been given notice to quit so I’ll assume you haven’t.

      If the landlord sells and one of the conditions of sale is vacant possession they only have to give you 30 days notice. 

      If they don’t sell with vacant possession, then the new owner would have to give you 90 days notice (but the chances are that they would want vacant possession if they were going to ask you to move out anyway).

      They may, however, want to start you on a completely new lease (perhaps to increase the rent).

      All of which comes down to too many imponderables and “handshake agreements”.  I would tell the agent that you want a new lease before the sale goes ahead that will take you to, say, one month after you return from overseas.

      Failing that, give them notice that you are quitting the flat and arrange to put your stuff in storage (which will be a lot cheaper than renting an empty flat) then start from scratch when you come back.

      You can find out more about your rights HERE and if you do put yor stuff in storage, you can still find a new home on the internet HERE

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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