darrellandsarah

we have been in our rental for 5 weeks now and still have issues with the house.now to top it all we had a visit yesterday from remax to inform us that the property is being sold.they want to come in at 8am tomorrow which happens to be my birthday to take photos etc then they have arranged for viewings on tuesday with prospective buyers.allthis was aranged without our prior knowledge.talking to our neighbours it turns out they tried to sell it before we moved in and took it off the market so we had no idea.it,s a pain right on xmas and our belongings are due for delivery between xmas and newyear.now it looks like i have to pay to get everything moved again:curse:needless to say i shall be onto the rental association to see where we stand as we signed a 6months contract

DrWho

They're all the same I'm afraid... Well, nearly...

I'd certainly tell them to shove their 8am call tomorrow... surely not enough notice...

binnz10

You have my total sympathy, this has now happened to us 3 times in 2 years, the first time was shortly after we had our baby, (I got so upset at having to pull apart his nursery) , luckily for us this time we had a 12 month lease so gives us a bit more breathing space, I have hated renting and can't wait until we can get in our own place (waiting for UK house sale ) so that I don't have to have everybody going through our "home"
As far as the notice, I think they have to give a min 24 hours, but if that is not convenient, tell them and offer an alternative.

shirlw

Could be pressure from the sellers and not the agents but who wants to look at houses at Christmas anyway.We have a lovely rental available on Sunshine Coast immediately but don't know what area you are in ?

darrellandsarah

thanx guys.where in kippa-ring[recliffe]but are looking at northlakes at the moment as that is where we are hoping to buy

pumpkin blossom

Surely they would have to pay your moving costs at least if they are breaking the lease? Surely it can't just work one way?

Good luck with the rental association. Let us know how you go.

shirlw

Another suggestion....when you are notified of the arrival of your belongings then request that they are put into storage for a bit.That way it gives you time to look for an alternative home and I am sure that it will be cheaper to do that short term than employ the services of a removal company to then have to move you again !

The Bloke

As you have been told by them yesterday, they have indeed given you more than the required 24hrs notice required by The Residential Tenancies Act 1994. I assume that the provided the notice written on the appropiate RTA Entry Notice form?

193 Notice of entry
(1) The lessor or lessor’s agent may enter the premises under
section 192(1)(a) to (i) only if—
(a) the lessor or agent has given notice of the proposed
entry (the entry notice) to the tenant; and
(b) the entry notice is in the approved form; and
(c) the entry notice is given—
(i) for an entry under section 192(1)(a) if the tenancy
is not a short tenancy (moveable dwelling)—at
least 7 days before entering the premises; or
(ii) for another entry—at least 24 hours before entering
the premises.
Example for another entry under paragraph (c)(ii)—
If the lessor or agent hands the tenant an entry notice at 2.30p.m.
on a Tuesday, the lessor or agent may enter from 2.30p.m. on the
Wednesday.

195 When lessor or lessor’s agent may enter
(1) An entry under section 192(1)(a) to (i)—
(a) must be made at a reasonable time; and
(b) unless the tenant otherwise agrees, must not be made
on—
(i) a Sunday or public holiday; or
(ii) another day after 6p.m. or before 8a.m.
www.rta.qld.gov.au

Selling the Premises
If the lessor decides to sell the property and will be seeking entry to show the place to prospective purchasers, they must inform the tenant in writing, using the Notice of Lessor's Intention to Sell Premises - Form 10. On the form, the lessor should include details of how they're planning to sell the premises.

When the lessor/agent shows the property to prospective buyers, they must give the tenant at least 24 hour's notice in writing before each entry, using the Entry Notice (Form 9). If the selling agent is different from the agent who manages the tenancy, the selling agent must also give the letting agent a copy of each Entry Notice (Form 9) before entering the place to show it to a prospective buyer.

If the tenant is on a fixed term agreement, the lessor/agent cannot make them leave because they decide to sell. The tenant can stay until the end of their term, and the new owner will become their lessor.

If the tenant is on a periodic tenancy, and the purchaser requires vacant possession, the lessor/agent may issue the tenant with a Notice to Leave (Form 12), that must allow at least 4 week's notice after the signing of the contract for sale.
www.rta.qld.gov.au/selling_the_premises.cfm

darrellandsarah

yes was given all the relevent forms.never mind hate the bloody houseanyway

Red_V_Roger

I'd make sure that the house is in a real mess, so that photos they take look bad and try to get some kippers or something equally smelly on the stove when they have viewers!

jad n rich

They probably wont do it, (have stuck you in there to pay the rent while they sell) but its worth asking, will they release you from the rental agreement? They can if they want to, they dont have to but a decent landlord might consider it..

darrellandsarah

right have just got off the phone to remax and they have said we can stay till the end of the agreement but should the new buyer want us out then they are liable to pay all our removal costs and refund our deposit and if theres a shortfall in our deposit then they have to top it up so not all doom and gloom