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-   -   evicted ??????? (https://britishexpats.com/forum/australia-54/evicted-425153/)

task Feb 8th 2007 8:13 pm

evicted ???????
 
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

steve`o Feb 8th 2007 8:15 pm

Re: evicted ???????
 

Originally Posted by task (Post 4380725)
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

surley if you have a lease its legally binding on both parties
seek some proper legal advice and then you tell em to shove it where the sun dont shine ;)

Nomore Feb 8th 2007 8:16 pm

Re: evicted ???????
 

Originally Posted by task (Post 4380725)
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

Yeah thats wierd....a contract is a contract..and if you broke it you would have to pay.
Not sure on the legal side of things here, but i know everything is backwards:frown:

Good luck and sorry.

Gjn200 Feb 8th 2007 8:31 pm

Re: evicted ???????
 
AFAIK, fraid' not. They only have to give you notice (3 months I think). I'm guessing its because your lease is with them for a year, not theres with you. I hope I'm wrong.

renth Feb 8th 2007 8:41 pm

Re: evicted ???????
 

Originally Posted by task (Post 4380725)
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

Your in Perth right? you signed a 12 month lease? then they can't take possesion until the lease expires. Simple.

NedKelly Feb 8th 2007 10:22 pm

Re: evicted ???????
 

Originally Posted by task (Post 4380725)
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

Tell the agent that you would love to be able to help them move into their lovely house early but as you don't want to live on the streets you would want them find an equivalent place at a lower rental. They would have to pay all your moving expenses, the first months rent and a slap up meal for the family at the best curry house in Perth.

Whitby whaler Feb 8th 2007 11:24 pm

Re: evicted ???????
 

Originally Posted by NedKelly (Post 4381009)
Tell the agent that you would love to be able to help them move into their lovely house early but as you don't want to live on the streets you would want them find an equivalent place at a lower rental. They would have to pay all your moving expenses, the first months rent and a slap up meal for the family at the best curry house in Perth.

Well said :thumbup:

northernbird Feb 9th 2007 12:30 am

Re: evicted ???????
 

Originally Posted by task (Post 4380725)
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

Absolutely if you are in WA then they can't get you out before your 12 months are up unless you breach the terms of the lease in anyway. Presuming you have to move anyway tell them you are willing to move in May if a) you can find a suitable property and b) they pay your moving costs and up front rent/bond of anywhere you find.

wmoore Feb 9th 2007 1:47 am

Re: evicted ???????
 

Originally Posted by task (Post 4380725)
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

We had a similar situation in 2005. We signed a 12 month lease on a place and then a month later (or less actually) the agent told us that the place had been sold and the new owners didn't want tenants.

We were due to receive our furniture from England in a few weeks time and decided that it was in OUR best interests to move out and be settled before our stuff arrived. So we told the agent that we would move out if we received notification IN WRITING that the owner would pay our moving costs, re-connection of phone, internet etc. We itemised everything and put it through to the agent and they had the owner sign to say he would pay it. We moved out, they paid for it all and to be honest, we ended up in a better place for about the same money anyway.

The bottom line is that you have a 12 month lease so you can make it difficult for them to take the place back but it is not impossible for them to regain posession in a court of law. We decided to take what we could from it rather than face that, even though technically we had the law on our side. Common sense has to prevail in the end.

v moore Feb 9th 2007 1:48 am

Re: evicted ???????
 
Dito.:thumbup:


Hi whitby whaler just seen where you live my parents live just 20 miles from you and we are on our way next friday to visit the uk.
hows the weather? My parents live in Lingdale by the way. ;)

Originally Posted by Whitby whaler (Post 4381202)
Well said :thumbup:


task Feb 9th 2007 4:38 pm

Re: evicted ???????
 

Originally Posted by task (Post 4380725)
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

cheers everyone for the advice we where going to give it till oct before deciding if we should stay and dont fancy packing up, then unpacking, then packing again in a couple of months.
lets see what happens
task:blink:

mr mover Feb 9th 2007 7:56 pm

Re: evicted ???????
 

Originally Posted by task (Post 4380725)
hi just had a phone call from the estate agent and the owners of our rental want to move back in to the property in may:confused:
we took on this rental for 12 months in october.
where do we stand legally does any one have any advice
a bit peeved off task:mad:
ps it me birthday well timed

Tell them your prepared to move , if they will cover your moving costs to a new rental, other wise they have no way , lease is a lease ............:thumbup: mm


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