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  • #8735
    por

      Hello!..This is a first time as tenants and I found the problem. I would like to seek advice from you because I’m not very good english and I don’t know about the law in NSW.I would like to end a tenancy agreement during the fixed term,the term of this agreement beginning on 14/12/12 and ending on 12/12/13,Can I?,because The landlord wants to sell the premises and they did not tell me this before entering into the tenancy agreement, they just told me on 1/3/13 that is the day of managing agent have first inspection of the property.Then they send a formal letter to inform me by e-mail on 8/3/13 that they like to open inspection regularly every saturday from 2pm to 2:45pm ,it’s make me not happy so how should I do?and I don’t know that I have to pay the landlord compensation for terminating early or not? I don’t know what’s happen next if The landlord sold the premises or how long I have to cooperate for open inspection every saturday :( , I think it not fair for me ,how do you think? and also I don’t need to loss my bond.Please help me give me your advice how should I do next?
      Thank you for your help
      Por

    Viewing 11 replies - 1 through 11 (of 11 total)
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    • #18012
      kiwipaul
      Flatchatter

        To start with terminating your fixed term tenancy without your approval is impossible for your landlord. They can sell the property whilst you are a tenant, but all that means is that you change owners and continue paying your rent to the new owner until 12/12/13.

        You could negotiate a deal whereby you are prepared to vacate early provided they pay YOU compensation (1 or 2 months rent would be reasonable).

        As for open homes they are entitled to do this but again they should compensate you for the disruption (especially if you agreed to tidy the place up prior to inspection and be away during the inspection. Some reduce the rent during the sale period by say 10% (again negotiable).

        #18013
        Jimmy-T
        Keymaster

          You only have to give 14 days notice to end a tenancy where the landlord has decided to sell and didn’t tell you this before they signed the tenancy agreement with you.  No compensation is required. Have a look at this Tenants Union Factsheet. The information is near the bottom under the headline “Extraordinary Grounds”

          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.
          #18014
          Austman
          Flatchatter

            In NSW, it is this link that counts:  https://www.fairtrading.nsw.gov.au/pdfs/Tenants_and_home_owners/Ending_a_tenancy_information_for_landlords.pdf

             

            And nothing there suggest that your lease can be ended before it expires.

            #18015
            Jimmy-T
            Keymaster

              So, Austman, are you saying that the Tenants Union link doesn’t count? Perhaps you’d like to take a look at this Fair Trading NSW information page which says:

              When a property is put up for sale

              If a landlord notifies their intention to sell the premises during the fixed term of a tenancy agreement and did not disclose the proposed sale before signing the agreement, the tenant can terminate the lease with 14 days notice and doesn’t have to compensate the landlord for the early termination.

              Just because Fair Trading doesn’t mention something in one document doesn’t mean it isn’t mentioned elsewhere.

              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.
              #18017
              Austman
              Flatchatter

                Sorry, I was reading the situation the other way around.  That the OP was worried that the fixed lease could be terminated due to the property sale.  Most properties being sold with ‘Vacant Possession”.

                I see now that the OP doesn’t like the future property inspections and would rather terminate the lease than deal with them.  But the OP should have some negotiation rights on the inspections:

                 Sale of residential premises

                (1)  A landlord must give the tenant written notice of the landlord’s intention to sell the residential premises not later than 14 days before the premises are first made available for inspection by prospective purchasers.

                (2)  A landlord or the agent of the landlord for the sale of the residential premises must make all reasonable efforts to agree with the tenant as to the days and times when the residential premises are to be periodically available for inspection by prospective purchasers.

                (3)  A tenant must not unreasonably refuse to agree to days and times when the residential premises are to be periodically available for inspection by prospective purchasers.

                (4)  A tenant is not required to agree to the residential premises being available for inspection by prospective purchasers more than twice a week.

                (5)  This section is a term of every residential tenancy agreement.

                Apologies again  – and yes the OP can give 2 weeks notice without penalty.

                #18021
                por

                  Thank you for your kind, Your advice make me feel more comfortable because at first I’m very worry and I think that I have no choice.I’ll back to thinking, if they like to open inspection too long I’ll give 2 weeks notice to end a tenancy :>.

                  Thank you again for the help from you all,

                  Por

                  #18144
                  por

                    Hello , I need your advice again about tenant. The agent just told me that they got a buyer now and they need to living in this premises but they have not confirmed.The agent suggested I start looking for a new premises, so I’m confused ,I think I can live in there till the end of the contract. Right?

                    they can end a tenancy agreement during the fixed term? At any time?

                    I move in this premises just 3 months,I have to move again! It’s not easy for me,

                    They should compensate me,Right? But now I want to move out because tried for everything about this premises. But I need them to compensate me, what should I do next? Please advice me. 

                    Thank you for your kind attention.

                    Por

                    #18149
                    Jimmy-T
                    Keymaster

                      The landlord can’t end the tenancy before the lease runs out, regardless of having sold it.  If they want you out early they will have to negotiate with you and that means you can request some compensation for the disruption caused in having to find a new home. If they dopn’t make it worth your while, don’t move

                      There is a bit more detail in THIS Tenants Union Fact cheet

                      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.
                      #18150
                      excathedra
                      Flatchatter

                        It seems por needs help.  (S)he comes across as a person possibly recently arrived in the country, without any local support network network and not a strong command of English.  Previous posts suggest that por’s negotiating position may have been weakened if signals have been given of a keenness to move out anyway.  The landlord seems a tough nut, but for all that facing something of a bind in the form of a temptingly quick sale subject to vacant possession being gained several months early.  Por needs a similarly tough nut as an advocate in support for upcoming eye-to-eye negotiation.  It’s an awkward situation, but the landlord started it and should, ultimately, be the one to give way — provided por doesn’t blink first.

                        #18152
                        Jimmy-T
                        Keymaster

                          You are spot on.  It’s all very well or us to dish out advice but support is another matter entirely.  Por should call Fair Trading  on 13 32 20 or make an online enquiry HERE.  Alternative Por can contact the Tenants Union on tenants.org.au

                          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.
                          #18153
                          kiwipaul
                          Flatchatter

                            Por is in control of this situation he has a 9 month tenancy remaining and the new (potential) owners can do nothing about it except wait the 9 months or buy him out.

                            He should request at the very least 2 months rent to be paid to him on him vacating the property and full reimbursement of any reasonable expenses he incurs due to him having to move.

                            The selling agent is not going to want to risk loosing the approx $10,000 agency selling commission especially as the seller will have to cough up the 2 months rent if he wants the sale to go through so he will be putting pressure on the seller to agree.

                            Por just needs to sit back and let the buyer, seller and agent negotiate a price that Por can live with (or move with).LaughLaugh

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