How to Cancelling a Tenant Agreement to Live in Home?

Brisboy on 14/07/2017 - 08:46
Last edited 14/07/2017 - 09:52 by 1 other user

Hi Guys

Need some advice here, purchased a home to live in.

While the purchasing process was happening, the tenant agreed to move out(lease finishes in Oct 2017) before the lease ran out without any penalties. Everything seems good. Now she's changed her mind, what happened is she called the rental agent who said she's in her rights to only move out in October.

Therefore, we're pretty much stuck without a place to the next few months and we're now out of our current place and wanted to move in to the new place asap. I read there's a form 12 for sale of contract to break the tenancy with 4 weeks notice. Will this work and is there anything else I can do?

Next time I'll be more careful to sign written documents with agreements to move with all parties involved.

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  Slippery Fish on 14/07/2017 - 08:47

  +4

  Burn the house down, if you can't have it no one can!!!!

  • 

    Euphemistic on 14/07/2017 - 10:08

    That only works for spiders doesn't it?

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  danielagain on 14/07/2017 - 09:01

  +1

  Just lodge an application with you local CAT (civil and administrative tribunal), you may have to pay penalties such as moving costs, but they can end a tenancy agreement early if deemed appropriate.

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  Marcsie on 14/07/2017 - 09:04

  Nothing you can do as it wasn't written in back and white, just wait until October and then move in :)

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  bobbified on 14/07/2017 - 09:20

  +1

  Brisboy, meet Shandawgg.
  Shandawgg, meet Brisboy.

  https://www.ozbargain.com.au/node/318493

  You're both in QLD!

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  djkelly69 on 14/07/2017 - 09:25

  +1

  A quick google reveals:

  A tenant cannot be made to leave the property during a fixed term agreement without an order from QCAT (e.g. excessive hardship).

  (from here)

  Mutual agreement or QCAT are your only options.

  I would just give them notice now that you will be kicking them out at the end of the fixed term, and hope they choose to move out earlier.

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  trustnoone on 14/07/2017 - 09:28

  When you say the tenant agreed to move out, did they agree in writing or just said "yeah"?

  Also did the tenant agree to live there when it was with the old owners, then you bought the house, with a tenant still in it?

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  oscargamer on 14/07/2017 - 09:31

  payment to tenant?

  or payment to bikies? (can't believe it took 7 posts to get these guys mentioned)

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  CyberMurning on 14/07/2017 - 09:43

  call bikies

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  Baysew on 14/07/2017 - 09:55

  +2

  What does your Real Estate Agent say?

  You are paying a professional to manage your property and to provide expert advice.

  • 

    [Deactivated] on 14/07/2017 - 10:05

    im not sure why this is never considered by any OP on a topic that has been done to death

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  Zonty on 14/07/2017 - 10:01

  I would say it's hard unless tenant not agree to move, you might offer some cut deal like 1 month rent and moving cost etc. if still tenant not co-operative then simply find yourself service apartment up to end of lease . Or check gumtree if you lucky find something small lease. Service apartment good as,all bills include but if you got a ton of furniture might hire some storage rental.
  Also if you want give 28 days notice means breach of contract by owner and you will be responsible to pay moving cost and also depend when tenant find house similar like your similar area. Tenant could brag about it and u can not do anything untill sign lease.

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  bion83 on 14/07/2017 - 11:26

  bikies

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  iratepirate on 15/07/2017 - 12:48

  The tenant has given you a lesson in "get it in writing" - it's a valuable lesson - especially if you're dealing with a religious person, whose imaginary friend forgives them every Sunday. In QLD it is also not unlawful to covertly record conversations you are a party too.

  If you want to be nasty you can tell the tenant its back on the market and have "buyer's inspections" every couple of days until they want out…

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  wei13 on 15/07/2017 - 15:24

  The tenant does have the right to stay until end of lease - they did sign a contract.

  If i were you i'd offer them incentives to leave earlier. They know they'd have to move eventually at the end of lease, and moving always cost money , including overlapping rent that usually has to be paid.

  Why don't you be honest with them and tell them your situation, and offer them 3 weeks rent free if they move out before date X? They will save money moving (which they'd have to pay eventually), and you may save the trouble of finding temporary accommodation.