Hi everyone,
We have sold our house on the 11 Sept after the auction with the last bidder in vacant possession and are awaiting for settlement on 12th November.
On the same day house was sold , whilst we were leaving the auction room, the agent who we have been dealing with and sold the house came to us and said, 'everything is taken care of and the new landlord wishes to take over the tenancies and he is introducing them to the tenants' . When I said that I still would serve the 42 day letter of notice to the tenants, as house is sold at vacant position, he said, no need to do so, as the new landlord wishes to take them over, and better not to confuse the tenants and not to worry that side of things and he ‘d sort it out'.
We came home and I wrote to the tenant at unit & PM (it was a house and unit and house was managed by a PM, and the unit was managed by us) stating that the house is now sold and the settlement date and further advised that the agent xxx (who sold the house, who they have been liasing with to organize open homes etc) would arrange a meeting with new landlord and tenants to make the transition smooth. I cc this to the agent who sold the house too.
I wrote/texted to agent and followed up couple times in between if the new landlord and tenant have been met with and all agreed he said, yes the main house is taken care of, and further he emailed/texted, that the new landlord was pretty busy and didn't have time to arrange a meeting with tenant at unit, but will do so soon etc.
We felt it is not clear and something missing and when contacted the agent last night over the phone he said, that the new landlord may accept the back tenant for increased rent which is in rental appraisal ( as it was tenanted low due to being on market for sale) . Again, he went on his usual story, that he would sort it at his end and no need to worry.
Its only less than 3 weeks to settlement and our tenant at unit came to us, asking 42 day letter of notice last night and stating that he can’t move in such short notice?
I was dumb to believe the agent and not to add a line to the letter I sent earlier saying it serves the 42 day letter notice to vacate to tenants, in first place. Or to get the S&P agreement endorsed with the current tenancies and strike off the vacant position and agree on to it with new landlord and us signed. The agent who I think is reasonably new has amounted heavily to this confusion. To date the tenants stay with new landlord/ move out remains ‘unconfirmed’.
Last night in reply to my mail, after the phone conversation, the agent emailed me that he suggests sending 42 day notice at least now , asap, as the contract is in vacant possession in case if the new landlord doesn’t wish to keep tenants??? Again saying he too is trying to sort things out.
An extract of the agent’s mail last night
“I have been liaising with the tenants and the purchaser of xxx Street since the day the contract was signed. However, as the contract was for vacant possession and settlement is on 12th November, it has only been bought to my attention this week that the 42 day notice to vacate has not been received by either tenant from yourselves.
I have verbally sorted out the continuation of the tenancy at 1/xx xxx Street, , but the continuation of the tenancy at 2/xx xxx Street Ave is still unknown. I will be continuing my efforts to sort an agreement for the purchaser to continue the tenancy with xxxx of 2xx xxx Street. But as it is not my authority, I do recommend that tomorrow you hand deliver a 42 day notice to vacate to xxxx at 2/xxx Street, just incase the purchaser decides to stick with the vacant possession that he is entitled to and to limit any potential liability from your part.
So leave the sorting out of a meeting or agreement between the purchaser and xxxx 2/xx xxx Street to me, and I will keep you updated with the outcome of the meeting, with a smooth transition to hopefully follow. “
We shouldn’t have let this happened and gone out of the way to accommodate the new landlords interests and agents request and now we have been dumped into enormous problems and stresses and losses.
We have to leave NZ to attend to a family wedding and tickets have been bought and leave on 29th November and are out of country till mid January.
We need knowing what our path is asap.
Thank you so much in advance
We have sold our house on the 11 Sept after the auction with the last bidder in vacant possession and are awaiting for settlement on 12th November.
On the same day house was sold , whilst we were leaving the auction room, the agent who we have been dealing with and sold the house came to us and said, 'everything is taken care of and the new landlord wishes to take over the tenancies and he is introducing them to the tenants' . When I said that I still would serve the 42 day letter of notice to the tenants, as house is sold at vacant position, he said, no need to do so, as the new landlord wishes to take them over, and better not to confuse the tenants and not to worry that side of things and he ‘d sort it out'.
We came home and I wrote to the tenant at unit & PM (it was a house and unit and house was managed by a PM, and the unit was managed by us) stating that the house is now sold and the settlement date and further advised that the agent xxx (who sold the house, who they have been liasing with to organize open homes etc) would arrange a meeting with new landlord and tenants to make the transition smooth. I cc this to the agent who sold the house too.
I wrote/texted to agent and followed up couple times in between if the new landlord and tenant have been met with and all agreed he said, yes the main house is taken care of, and further he emailed/texted, that the new landlord was pretty busy and didn't have time to arrange a meeting with tenant at unit, but will do so soon etc.
We felt it is not clear and something missing and when contacted the agent last night over the phone he said, that the new landlord may accept the back tenant for increased rent which is in rental appraisal ( as it was tenanted low due to being on market for sale) . Again, he went on his usual story, that he would sort it at his end and no need to worry.
Its only less than 3 weeks to settlement and our tenant at unit came to us, asking 42 day letter of notice last night and stating that he can’t move in such short notice?
I was dumb to believe the agent and not to add a line to the letter I sent earlier saying it serves the 42 day letter notice to vacate to tenants, in first place. Or to get the S&P agreement endorsed with the current tenancies and strike off the vacant position and agree on to it with new landlord and us signed. The agent who I think is reasonably new has amounted heavily to this confusion. To date the tenants stay with new landlord/ move out remains ‘unconfirmed’.
Last night in reply to my mail, after the phone conversation, the agent emailed me that he suggests sending 42 day notice at least now , asap, as the contract is in vacant possession in case if the new landlord doesn’t wish to keep tenants??? Again saying he too is trying to sort things out.
An extract of the agent’s mail last night
“I have been liaising with the tenants and the purchaser of xxx Street since the day the contract was signed. However, as the contract was for vacant possession and settlement is on 12th November, it has only been bought to my attention this week that the 42 day notice to vacate has not been received by either tenant from yourselves.
I have verbally sorted out the continuation of the tenancy at 1/xx xxx Street, , but the continuation of the tenancy at 2/xx xxx Street Ave is still unknown. I will be continuing my efforts to sort an agreement for the purchaser to continue the tenancy with xxxx of 2xx xxx Street. But as it is not my authority, I do recommend that tomorrow you hand deliver a 42 day notice to vacate to xxxx at 2/xxx Street, just incase the purchaser decides to stick with the vacant possession that he is entitled to and to limit any potential liability from your part.
So leave the sorting out of a meeting or agreement between the purchaser and xxxx 2/xx xxx Street to me, and I will keep you updated with the outcome of the meeting, with a smooth transition to hopefully follow. “
We shouldn’t have let this happened and gone out of the way to accommodate the new landlords interests and agents request and now we have been dumped into enormous problems and stresses and losses.
We have to leave NZ to attend to a family wedding and tickets have been bought and leave on 29th November and are out of country till mid January.
We need knowing what our path is asap.
Thank you so much in advance
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