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Rental house sold. Where do we stand?

Rental house sold. Where do we stand?

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Old Aug 11th 2009, 12:36 am
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Default Rental house sold. Where do we stand?

The house we are renting has been sold, subject to finance. We know we could stick it out until the end of our lease but it would actually suit us better to move early.

Does anyone know what the rules are in South Australia on this or have a link to somewhere I can look it up?

Thanks

Adi

Last edited by Iwannabethere; Aug 11th 2009 at 1:31 am. Reason: Spelling!
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Old Aug 11th 2009, 1:16 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by Iwannabethere
The house we are renting has been sold, subject to finance. We know we culd stick it out until the end of our lease but it would actually suit us better to move early.

Does anyone know what the rules are in South Australia on this or have a link to somewhere I can look it up?

Thanks

Adi
I think you would need to take it up with the new owners, as theoretically a new lease should be drawn up after the change of ownership.

We are in the same bout, the house we are in has just been sold too. Difference is that we want to stay here and the people who have bought it are investors and want us to stay. We have been told that a new lease will be drawn up, and that we can now have a dog, as the new owners are fine about it (sorry, off topic, but very excited).

So, I would contact the estate agent who sold it and get them to ask the new owners.
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Old Aug 11th 2009, 1:29 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by kar-kier
I think you would need to take it up with the new owners, as theoretically a new lease should be drawn up after the change of ownership.

We are in the same bout, the house we are in has just been sold too. Difference is that we want to stay here and the people who have bought it are investors and want us to stay. We have been told that a new lease will be drawn up, and that we can now have a dog, as the new owners are fine about it (sorry, off topic, but very excited).

So, I would contact the estate agent who sold it and get them to ask the new owners.
Problem is that the new owners want to move in. I've spoken to the agent but they are being less than transparent. It is my understanding (through a third party and therefore not 100% reliable) that once the house was put up for sale all penalties for breaking the lease were removed i.e. we could leave whenever we liked and just pay up to the day we leave. But it seems too easy and I can't find it in writing anywhere!
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Old Aug 11th 2009, 1:33 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by Iwannabethere
Problem is that the new owners want to move in. I've spoken to the agent but they are being less than transparent. It is my understanding (through a third party and therefore not 100% reliable) that once the house was put up for sale all penalties for breaking the lease were removed i.e. we could leave whenever we liked and just pay up to the day we leave. But it seems too easy and I can't find it in writing anywhere!

I thought each state had a residential tenancies act ( laws ) googled this ...

http://www.abelrealty.com.au/tenants.htm

Address/phone for dept is in the second paragraph.
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Old Aug 11th 2009, 1:39 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by jad n rich
I thought each state had a residential tenancies act ( laws ) googled this ...

http://www.abelrealty.com.au/tenants.htm

Address/phone for dept is in the second paragraph.
Thanks for that. Unfortunately it still doesn't have a section that answers the question! I've been Googling (in between feeding a baby!) and no luck yet! I shall keep looking!
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Old Aug 11th 2009, 1:45 am
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Default Re: Rental house sold. Where do we stand?

I think that if they want to move in and you want to move out, then there shouldn't be any problem! I think the acts come into play if you wanted to stay the duration of your lease and they wanted you out.
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Old Aug 11th 2009, 1:59 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by Iwannabethere
Thanks for that. Unfortunately it still doesn't have a section that answers the question! I've been Googling (in between feeding a baby!) and no luck yet! I shall keep looking!
just phone them! Tell them the situation and details of lease etc.
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Old Aug 11th 2009, 2:18 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by Iwannabethere
The house we are renting has been sold, subject to finance. We know we could stick it out until the end of our lease but it would actually suit us better to move early.

Does anyone know what the rules are in South Australia on this or have a link to somewhere I can look it up?

Thanks

Adi
Sorry I don't know the answer to this - but have you tried phoning REIWA? We called them about a rental agreement issue and they were really helpful.

Good luck
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Old Aug 11th 2009, 4:14 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by jad n rich
just phone them! Tell them the situation and details of lease etc.
Tried that! Clear as mud! I think they are trying to make sure we stay as long as possible as they still get the commission on the rental income. They haven't said we can't go but then again they haven't said we can!
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Old Aug 11th 2009, 4:15 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by K14
Sorry I don't know the answer to this - but have you tried phoning REIWA? We called them about a rental agreement issue and they were really helpful.

Good luck
Thanks for this! Will try the SA group!
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Old Aug 11th 2009, 6:15 am
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Default Re: Rental house sold. Where do we stand?

In the garden . . . next to your suitcases . . .
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Old Aug 11th 2009, 8:23 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by Iwannabethere
The house we are renting has been sold, subject to finance. We know we could stick it out until the end of our lease but it would actually suit us better to move early.

Does anyone know what the rules are in South Australia on this or have a link to somewhere I can look it up?

Thanks

Adi
We have just gone through the same thing, our rental house sold and we were on a fixed lease which meant that the new owners could not make us leave until the lease ran out.

Since moving into the property we have not really been happy with it and wanted to buy something of our own. The rental agents were not at all helpful but luckily the house was being sold by a different agent. We spoke to them who in turn asked the purchasers if they were happy for us to break the lease and they were happy for us to do this because they wanted to move in.

I am not sure if your rental agent is also the selling agent but if not then approach them because they can speak to the purchasers on your behalf.
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Old Aug 11th 2009, 8:28 am
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Default Re: Rental house sold. Where do we stand?

I don't quite understand the problem. If the new owners want to move in and you want to move out then it's in everyone's interest that you all ignore the contract and you just move on. I'm not sure you need to worry about the legalities.
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Old Aug 11th 2009, 8:47 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by spartacus
In the garden . . . next to your suitcases . . .
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Old Aug 11th 2009, 8:52 am
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Default Re: Rental house sold. Where do we stand?

Originally Posted by moneypenny20
I don't quite understand the problem. If the new owners want to move in and you want to move out then it's in everyone's interest that you all ignore the contract and you just move on. I'm not sure you need to worry about the legalities.
It's more the timescales really, now I know the legalities! We would like to be able to look for a place now but it doesn't look as if we can until it goes to settlement and the new owners take over . Just don't want to miss out on the perfect rental!
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