Can I cancel my Tenancy Agreement ?

**111russ** · 19-05-2012, 05:06 PM

We have recently signed up for a 12 month tenancy starting June 2nd. We have not recieved a copy of the agreement and have not paid a deposit yet.
We have tried contacting the agent but having no responce. On driving past the property today noticed a for sale sign up.
Also, we have not signed a property checklist.
The agent seemed dodgey- tryed charging $20 more a week, when advertised for $20 less a week.
What are my rights? And can we just walk away from this agreement? Thanks!

**Keys** · 19-05-2012, 05:26 PM

What do you wish to achieve?

**111russ** · 19-05-2012, 05:31 PM

Hi Keys, I dont want to move in and find in 3 months in the house is sold.
Also, I would like to know where I stand (legally) if I want to just find another tenancy that is not for sale (walk away)

**Neongreen** · 19-05-2012, 07:00 PM

Originally Posted by 111russ

We have recently signed up for a 12 month tenancy starting June 2nd. We have not recieved a copy of the agreement and have not paid a deposit yet.
We have tried contacting the agent but having no responce. On driving past the property today noticed a for sale sign up.
Also, we have not signed a property checklist.
The agent seemed dodgey- tryed charging $20 more a week, when advertised for $20 less a week.
What are my rights? And can we just walk away from this agreement? Thanks!

Don't rely on this just coming from me - but without the consideration being paid(deposit), I don't believe this contract is legally enforceable.

**motivated** · 19-05-2012, 08:00 PM

You could get out of the contract because they misrepresened you as not told it was going on the market-- Alternatively you could enforce the contract--and they can only sell to someone who will see your tenanacy through for the 12 months in the contract

**Keys** · 19-05-2012, 08:25 PM

OK, for the second time as the one I tried earlier this afternoon didn't post for some reason.

Should you wish to enforce it and stay then you would have to prove there is a tenancy agreement. On the other hand, if you just did not go there, the landlord could apply for $1000 in exemplary damages for abandonment and insist that you stay or pay until the tenancy tribunal decides to end the tenancy upon application from one party. After all, the landlord does have a tenancy agreement. On the other hand, if you go there and the landlord wishes to terminate because of the sale of the property, they would have to prove you are on a periodic. Money need not change hands. On the other hand, if you did go there your tenancy may become a periodic one as you don't have a tenancy agreement or it could remain a fixed term one as the landlord may insist you stay. This is so full of could be - may be - possibly that there can be no definitive answer.

Take this as a lesson. If you sign a contract, get a copy at the same time. No exceptions.

**Nice** · 20-05-2012, 12:42 PM

Take the agent to Tenancy Tribunal for not supplying an agreement or telling you the property was going on the market. Both issues he legally has to do, and hasn't. Will cost you a $20.44 application fee, and ask for that to be refunded as well !

**Property-Manager-Auckland** · 21-05-2012, 10:10 AM

I know there has been a dodgy lady around...pretending to be a landlord or Property Manager and holding open homes...taking the bond then you never see her again...watch out!! I know 2 groups this has happened to!!
This is the only article i could find...its NOT the same person I have been told about (Maori lady in her 40s).
http://www.nzherald.co.nz/rental-pro...ectid=10646214