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  1. #1

    Default No Current Tenants on Tenancy Agreement

    Hi there

    At one of my properties we have had multiple changes of tenants due to it being in the University area with tenants swapping out amongst themselves.
    Some of these are documented on change of tenant forms for the bond centre but not on a new lease agreement.

    At present one of the current tenants is documented as a continuing tenant on a change of tenant form but not on a lease agreement.

    I have delivered multiple new lease agreements with the same terms for them to complete (including postage paid envelopes) and they will not return them.

    The property is now on the market and despite the current documented tenant (we have only her contact details) being pleasant and cooperative with regards to viewings the agent turned up today to be told "go away, we are not on a lease to be here, you have no right to come in".
    There are no issues with their rent payments and are consistently paying rent (coming from the documented tenants bank account).

    What are my options here? Surely even without a written lease agreement they have "contracted in" to the RTA via paying rent and living in the property for over 2 years?
    Is this something that can go through Tenancy Tribunal? I am happy for them to stay if they would be willing to sign a new tenancy agreement.

    Thanks

    E

  2. #2
    Join Date
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    Default

    You have created your own problems by not going there personally and getting documents signed. Terminate the tenancy by issuing a 90 day letter to the person who is paying the rent. Sell it vacant.

    Once the termination letter has been sent you may find the tenants will be more amenable to your discussions.

  3. #3

    Default

    Hi Keys

    Thanks for the advice - does seem like 90 day notice would be best course of action here.

    Have been in person as well but always met with "XXX isn't here, leave them and once we're done we'll get them back"

    E

  4. #4
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    Default

    Then do a one-party claim on the bond.

  5. #5
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    Default

    Quote Originally Posted by flyernzl View Post
    Then do a one-party claim on the bond.
    What's that?

  6. #6
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  7. #7
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    Default

    Quote Originally Posted by Keys View Post
    Thanks learnt something new today.

  8. #8
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    Default

    Isn't the notice period like 42 days if the landlord is selling the property? When I buy rentals agents always add 4 days to make it 46 days.

  9. #9
    Join Date
    Jun 2004
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    Quote Originally Posted by Gary Lin View Post
    Isn't the notice period like 42 days if the landlord is selling the property? When I buy rentals agents always add 4 days to make it 46 days.
    No - only 42 days if you are moving into the property.

  10. #10
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    ^^^ Yes, 42 days (plus service of documents) once the sale and purchase agreement is unconditional. I'm thinking access would be a problem with these tenants in there.


 

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