Real Estate Forcing Us to Be Landlords and Homeless, What Are Our Options?

cheriemoore666 on 01/11/2023 - 17:23
Last edited 01/11/2023 - 18:02 by 1 other user

Looking for advice.

Currently renting, landlord sold property on us to owner-occupiers not investor buyers, so Notice to Leave issued months ago for our end of 12 month lease 13 Nov. Instead of renting again we saw a broker to get a home loan & put a contract on a new home. Before entering the contract we were assured tenants would be vacated before settlement 13 Nov (timed perfectly with our end of lease) as we are owner-occupiers, no interest in being landlords. Aware tenants needed 2 months notice to vacate, contract signed 6 Sep, NTL to be issued with tenants vacate date being 6 Nov, a week up our sleeves.

Problem is, real estate sat on NTL until 27 Oct so their lease goes to 27 Nov leaving us with no place to go (regional Qld, rentals scarce) and forced into being landlords. We have no landlord insurance and legal documents state private purchase not investment purchase. Did not organize another interim house as we were promised move in date was settlement date 13 Nov. We have no place to go, paying a mortgage on a house we can’t access.

Real estate not accepting liability even though admitted administration error their end. No care we will be homeless and closest storage is 45 minutes away for a full house of furniture, 4 vehicles and a large dog, when the house we bought is 5 mins down the road!

Tenants protected by RTA, but where do we stand? We can’t extend in our rental as new owners have been doing drivebys for weeks desperate for us to move out. Any advice appreciated 🙏🏻😩

Home & Garden

Comments

  • boomramada on 01/11/2023 - 17:32
    +20

    Find a another short term rental or put the items in storage and stay with relative or friend?

    • Some Human on 01/11/2023 - 17:36
      +2

      I did this one time. It was a pain in the ass having to move twice in a short period.

      • Tech5 on 01/11/2023 - 22:35
        +4

        It is not as bad with a professional company.

        For e.g - I used Kent for an interstate move. They picked up from one place, moved it interstate, stored it, then moved it in when I was ready. Storage cost maybe $200 for a month

    • cheriemoore666 on 01/11/2023 - 17:36
      +4

      No short term rentals here that’s the problem. No family/friends we moved remote and keep to ourselves.

      • boomramada on 01/11/2023 - 17:41
        +1

        Looks like planets didn't lineup, try long term rentals, not much choices there.

      • SlickMick on 02/11/2023 - 10:25
        +8

        Perfect time for a camping holiday

  • mskeggs on 01/11/2023 - 17:35
    +60

    Offer the tenants the cost of fixing the stuff up (storage, airbnb charges, whatever you would be up for) to move on the date that suits you.
    Once you are settled, consider making a civil claim in QCAT against the REA who stuffed up for your costs.

    If worst comes to worse, just stay put until the new place is ready. Yeah, it pushes the hassle up the chain, and will get a black mark on your rental history, but so what?

    • lint on 02/11/2023 - 10:47
      +13

      Yeah I would kindly ask the agent whether it's possible extend the lease by two weeks at the current place due to the circumstances. You never know, the new owner may consent.

  • freefall101 on 01/11/2023 - 17:39
    +12

    45 minutes away is hardly the end of the earth for storage. It sucks, but that and going into a serviced apartment or whatever short term accommodation is the solution. Or rent a caravan for 2 weeks.

    I’d talk to a lawyer about billing the cost onto the REA. It’s their negligence that got you here.

    • cheriemoore666 on 01/11/2023 - 17:46
      +3

      45 mins highway at 100, nearly 100klm, it’s an issue when the house we bought is just down the road and neither of us have good backs. Apartment or caravan not an option with a dog. Dog is not animal friendly so wouldn’t be accepted in boarding. Might need to look at talking to a lawyer because all our eggs are in this house, we used all our deposit, don’t have free money laying about for excess costs we should never have been up for in the 1st place.

      • scrambledeggs on 01/11/2023 - 21:57
        +41

        im no mathmagician but thats 75km lol

  • cheriemoore666 on 01/11/2023 - 17:41
    +5

    I just worry about legal ramifications of staying here outside our lease considering new owners are driving by 3 times a week to see if we’re packing. New owners are in short term stay waiting for us to vacate. Real estate offered us a house 80klms away but we put it back to them if they can offer it to us they can offer it to the tenants, but they refuse. It makes no sense for us to have to pack a 4brm house, pay storage nearly an hour away, double removal costs, living out of a suitcase with no place to put our dog when the house we bought is just down the road and this is the real estates fault!

    • JMosk on 01/11/2023 - 18:58
      +7

      Ask the real estate to also pay for moving costs and this could be a viable option maybe

    • chrisie on 01/11/2023 - 19:06
      +33

      Just move into the real estate office.

    • chichi on 02/11/2023 - 10:18

      Removed. I just read your comment below.

    • MrFunSocks on 02/11/2023 - 10:39
      +18

      So you've got a solution right there but are refusing it?

      The REA stuffed up, but they've given you a viable solution. Take it, then if they won't compensate you for their stuff up, take them to court. Saying you're going to be homeless when they've arranged alternative accommodation for you is clickbait.

      • Randolph Duke on 02/11/2023 - 14:18
        +7

        OzBargainers hate this one simple subject line trick

    • SlickMick on 02/11/2023 - 11:05
      +13

      I would talk to your conveyancer. If your purchase contract requires vacant possession, settlement shouldn't happen. But there might be penalties for breach of contract??
      Make them aware that being a short-term landlord doesn't work for you and you need a better solution.
      Your conveyancer should talk to your landlord's conveyancer and the REA and sort something out. I've had conveyancers play hardball with real estate principals before.
      They are in best position to work out a deal suitable to everyone, and who should compensate who.
      Maybe your "tenants" could move early if they were offered an incentive. Maybe the new to-be-owner could stay in short term accommodation a little longer if someone paid for it.

      If you don't vacate, you put your landlord in exactly the same situation that you are in (except your "tenants" are legally tenanting, whereas you would be "squatting").
      The new owner is doing drive-bys because they know there is no way to force you out on time. If you don't leave, your landlord will need to arrange eviction notice etc. By the time the smoke settles, you'll be in your new home. You'll be a home owner so any bad marks as a tenant won't affect you.

      If you want to be nice, see if the short term stay place is available a little longer Ideally you could pay for them to stay a little longer, or you could swap out with the new tenants (and take action against REA to recover cost). But the best way of getting compensation out of REA is to have the conveyancers put pressure on them.

    • shutuptakemymoney101 on 02/11/2023 - 19:21
      +1

      The situation sucks for you but it's not your current Landlords fault, whatever you decide shouldn't be to his/her detriment.

  • Muzeeb on 01/11/2023 - 17:42
    +4

    Air BNB with a garage for storage.

  • katykat on 01/11/2023 - 17:42
    +23

    Seek legal advice immediately. If REA has admitted it's an error, and it was REA's responsibility to issue the notice, then I don't understand how they can deny liability.

    You may not get into the property, but there may be a different remedy (compensation, damages etc).

    • cheriemoore666 on 01/11/2023 - 17:48

      It was the real estate that sat on lodging the paperwork, RTA are going by correct timeframe as per the day paperwork was lodged with them. This is all administrative error by the real estate.

      • katykat on 01/11/2023 - 17:57
        +15

        Yes, I understood that. REA is short for real estate agent.

        You are correct that the tenant is likely protected and cannot be forced to move out. The issue is who is at fault and what remedy can be offered to address the loss. A lawyer will be able to review and provide advice on what you can do.

        It's important that you manage your expectations, there is almost no chance you will get into the property unless the tenant agrees to it. It would then be between the REA and the tenant what remedy the REA offers the tenant to make up for their loss.

        Also, you mentioned above that you might be forced to stay at your current property. I say this with the caveat that it's not legal advice, but you don't have grounds to do this.

        If the new owners want to negotiate something with you they would be free to, but you do not have a right to stay just because someone else has made an error.

        https://www.communitylegalqld.org.au/ can provide free legal advice for eligible people. It might be worth looking at their website if private legal advice isn't an option due to cost.

  • ihbh on 01/11/2023 - 18:00
    +6

    No use crying over spilt milk, but next time, ride the agent and call every day making sure they've issued the notice.

    1. Chat with tenants and offer them an incentive to move 2 weeks early - pay their rent and give them some extra $. Help them find a rental, get the agent that stuffed up to help find them a rental, etc.

    2. If you manage all this, send full costs to agent that stuffed up. If they don't agree to pay all of it, negotiate something in between (that is, you and agent share costs).

    • cheriemoore666 on 01/11/2023 - 18:11

      Can we legally enforce the real estate to reimburse costs, especially considering they are costs we would never had been up for had they not been incompetent. And trust me, many tears have been shed unfortunately, I’m so stressed over this we are stuck in limbo with no alternatives and uncertainties. And the real estate have fobbed us. We don’t have a kitty to dip into to cover all these extra unnecessary costs. Paying rent for tenants great idea if we could afford that plus our mortgage repayments each week. We can only afford to pay off 1 house at a time. Real estate are meant to be helping them find alternative accommodation but truth is, they don’t want them, they’re smokers and have destroyed the house we bought with cigarette burns in bath, vanities, carpets, benchtops etc, the place is putrid we need to organize biohazard clean.

      • jerjergege on 03/11/2023 - 14:46

        Should not be paying a mortgage over 50% of your combined income.

        Where's the other 50%?

  • cheriemoore666 on 01/11/2023 - 18:04
    +3

    Yes I know, sorry my comment was in response to a previous comment who suggested that we stay but I have no intention of doing so because that puts US in the poo and I’m not entertaining that! It’s not the new owners of our rentals fault. Thanks for clarifying REA, my bad, makes sense now. REA has stated they will help tenants find another home but as no availability they’ve thrown their hands up. Making us scared tenants will stay BEYOND their NTL date 27 Nov. REA calls tenants every 2nd day asking if they’ve applied for other places but problem is, it’s 2 ladies on benefits, rent is outrageous up here, they won’t meet 30% criteria for current rentals anyway so they’re screwed, meaning so are we! Just unsure legally where we stand.

    • ihbh on 01/11/2023 - 18:24
      +1

      so they’re screwed, meaning so are we

      Note that even if the real estate agent had put in the notice on time, you could still be screwed if they have nowhere to go. It takes a while to evict tenants.

      Best course of action is to help them find alternative accommodation. Since they are on benefits, location is not critical. So affordable properties for them will be 1. smaller/older and 2. further out (e.g. from CBD, water, etc.)

      • cheriemoore666 on 01/11/2023 - 19:12

        Exactly what I’m scared of 😥

    • katykat on 01/11/2023 - 18:27
      +8

      That's why I've suggested you get legal advice.

      This could be very complicated legally, which is why you need proper advice and not just Ozbargain. You've already picked up that you will essentially be a landlord once you take owenership of the property, but won't have the required insurance.

      How the handover will occur, who is responsible for insurance / liability will need to be agreed. It is the previous owner who has a contract with the landlord to collect the rent, not you. Has the previous owner even indicated how settlement will proceed? If the REA will pay you rent as the owner?

      Proper legal advice will cover all of this, in addition to what you can do about your losses to cover accomodation, storage, transit etc. It can also look into any contractual issues you have with the owner as well, not just the REA. The owner may have breached the terms of settlement. A lawyer can advise on if this is worth pursuing and what risks there might be to do so.

      • cheriemoore666 on 01/11/2023 - 18:30
        +1

        Great information, thank you so much!

      • cheriemoore666 on 01/11/2023 - 18:34
        +2

        But yes, tenants were never meant to be ours, it was clear we were owner-occupiers, there has been NO mention by REA of rent coming to us beyond our settlement date 13 Nov, owner still thinks he’ll be getting rent and claiming their bond! This REA has well and truly let us down. Just trying to arm myself with as much info as possible hence posting on here as we had discussed this with the solicitor who did our conveyancing and he was of no help, said the tenants had rights to be there until 27 Nov nothing we could do. I didn’t agree with that advice at all. REAs admitted fault, compensation should be due.

        • SlickMick on 02/11/2023 - 11:10
          +3

          Just remember that you've already engaged legal advice. This is a conveyancing issue, and your conveyancer will sort it out for you. The REA will compensate according to what conveyancer says - they won't make you sue.

          This stuff happens every day.

        • bargain huntress on 02/11/2023 - 11:51
          +1

          beyond our settlement date 13 Nov, owner still thinks he’ll be getting rent

          Huh?

  • Hardlyworkin on 01/11/2023 - 18:17
    +1

    Sounds like the current tenants are really up sh#t creek. You on the other hand will have to deal with some frustrating inconvenience that life throws at us.

  • mskeggs on 01/11/2023 - 18:24
    +8

    Seems like you want legal advice, so you should go pay a lawyer to give it to you.
    Don’t be surprised when it comes back that you need to sort yourself out and you will have a civil claim for costs of sorting yourself out against the REA who stuffed up. Which you will then need to recover via civil litigation, assuming they ignore a letter of demand.
    There isn’t a circumstance where sheriff will come around and force your future tenants out, or some loophole that allows you to over stay your existing lease without being in breach. There isn’t an injunction you can claim against the real estate agent to force them to locate an alternative property or similar. The party with the claim at the moment is you, there is no legal mechanism to make it somebody else’s problem - it’s yours until you suffer damages (in this case extra costs) that you may then try and recover from the party who caused them (the REA).

    Again, go pay for legal advice, but I would be surprised if you could get a judgement against the REA for all your costs, and the charges associated with pursuing them in court, so I’d suggest QCAT to minimise these.

    Since your legal options will be limited in terms of getting a resolution you want, I’d suggest you start thinking outside the box to solve your problems.

    • cheriemoore666 on 01/11/2023 - 18:40
      +1

      Thanks. All very new to me as a first home owner. We spoke with our conveyancer regarding this but he was of no help stating tenants had rights. It’s not the tenants fault, the REA shafted us. But I had no idea about QCAT etc so I have some phone calls to make tomorrow. Good advice. Hard to think outside the box in unknown territory where the REA and solicitor have both turned their backs on us, so I’m appreciative of all the comments.

      • jjjaar on 01/11/2023 - 18:44
        +6

        Has your conveyancer provided you with any information about the purchase contract, specifically whether it included any clauses about taking over the lease or not?

        You’ve said a few times you expected vacant possession, was this specifically in the contract you signed? Is this a valid reason (as per conditions of the contract) to actually delay settlement until they have vacated?

        Doesn’t help with the question on where you will live in the interim, but if your contract specified vacant possession, then I wouldn’t be taking over any tenant agreement.

        • cheriemoore666 on 01/11/2023 - 19:29
          +1

          Just looked over contract. Vacant possession not listed in special clauses however we applied for the home transfer duty concession on the provision 1. Will move into residence with personal belongings and live there 1 year within transfer date and 2. Will not sell, transfer, lease or otherwise grant exclusive possession of all or part of the property before we move in. Does this cover us?

          • jjjaar on 01/11/2023 - 20:49
            +4

            @cheriemoore666: That is a question for your conveyancer.

          • SlickMick on 02/11/2023 - 11:28
            +5

            @cheriemoore666: Ouch. That's a huge problem. Forget all my ranting, you've lost your leverage.

            But is sounds like your conveyancer is suggesting you do something illegal by renting to current tenants.

            I'd raise this issue with your conveyancer and if you don't get anywhere, I think you should seek separate legal advice. This REA stuff up might get you in trouble with ATO.
            This is the problem with not engaging a conveyancer before signing a contract. The contract really needs to be checked before signing. (No one does though.)

            • BartholemewH on 04/11/2023 - 10:44

              @SlickMick: Competent people certainly do check contracts thoroughly, but they also engage a solicitor/conveyancer before hand.

      • SlickMick on 02/11/2023 - 11:22
        +2

        Yes tenant has rights, and conveyancer should be requiring REA to make it right. Actually, just thinking about this - it's the current owner's REA right? So it's not your problem - it's the current owner who is about to be in breech of contract for not providing vacant possession as required by contract.

        When a home owner sells a house to buy another, the 2 settlements are coordinated. Despite you not being a party to your rental settlement, they still need to be coordinated in this case.

        Ask your conveyancer what your rights are if you walk away from this purchase - do you get compensated? If you threaten to walk away, the current owner will be forced to get their conveyancer to negotiate to appease you. If you can get the 4 conveyancers on a call you will get the best solution.

    • ihbh on 01/11/2023 - 18:48
      +3

      Since your legal options will be limited in terms of getting a resolution you want, I’d suggest you start thinking outside the box to solve your problems

      And OP has said they have limited funds… hence I suggested the best course of action is for them to incentivise and help the tenants find alternative accommodation.

      They could do house sitting/looking after pets for people on holidays if they were tourists with minimal possessions! - this could be part of an outside of the box solution combined with something ese.

  • Drakesy on 01/11/2023 - 18:26
    +9

    Talk to your landlord about extending your term by say 3 weeks?

    • BewareOfThe Dog on 01/11/2023 - 19:00
      +2

      Even offer to pay extra during this time.

      I hope all works out for you OP.

  • ihbh on 01/11/2023 - 19:01
    +5

    Can you please check your contract of sale. Does it include the clause "vacant possession"? See here for clarification. https://sunstateconveyancing.com.au/understanding-property-p…

    If it does, it's a matter between you and the seller and you can delay settlement (I realise your hands are tied in this matter) until it is resolved and you may have some legal recourse for costs, etc.

    If it doesn't, whatever the real estate agent has told you verbally won't carry much weight.

    • cheriemoore666 on 01/11/2023 - 19:36
      +1

      Fantastic link, thank you so much!

    • cheriemoore666 on 01/11/2023 - 19:38
      +1

      Just looked over contract. Vacant possession not listed in special clauses however we applied for the home transfer duty concession on the provision 1. Will move into residence with personal belongings and live there 1 year within transfer date and 2. Will not sell, transfer, lease or otherwise grant exclusive possession of all or part of the property before we move in. Does this cover us? Also, there has been no paperwork provided to us for taking on tenants, I believe the owner thinks he’s entitled to keep receiving rent and bond after settlement 13 Nov to NTL date 27 Nov. on a house legally ours not his. REA had not mentioned a peep about transferring tenants to us.

      • star-ggg on 01/11/2023 - 21:42
        +10

        You sound like you're over your head. Get a solicitor asap not a conveyancer. If you settle with the tenants in place it is an investment property from the ATO and the governement's perspective. This is black and white. It is up to buyers to take responsibility for making sure settlement is according to their intentions and circumstances.

      • ihbh on 02/11/2023 - 08:51
        +12

        If you settle the property without vacant possession, you will lose the home transfer duty concession (https://www.qld.gov.au/housing/buying-owning-home/financial-…). That is, you will pay more stamp duty than otherwise.

        There are two issues here, which you need to deal with separately. You were hoping it would be a formality in combination, but unfortunately that's not the case.

        1. You want to settle with vacant possession of the property. Otherwise you pay higher stamp duty and have the headache of evicting tenants "on benefits". Tell your conveyancer this and ask what your options are (e.g. delay settlement). Obviously don't pay the balance of the purchase price on the settlement day if you can't get vacant possession. Your deposit is held in trust so don't worry about losing it but ask the conveyancer about it anyway as well..

        2. You need to find in between accommodation for yourselves and possessions from when you leave your current rental and when find your next more permanent accommodation. It might be easier if you separate out the issues of accommodation for yourself and your possessions and come up with an innovative low cost solution.

        • CalmLemons on 03/11/2023 - 18:40

          ^ LISTEN TO THIS PERSON. *****

          *

  • [Deactivated] on 01/11/2023 - 19:14
    +1

    No care we will be homeless and closest storage is 45 minutes away for a full house of furniture, 4 vehicles and a large dog, when the house we bought is 5 mins down the road!

    How many people?

    • cheriemoore666 on 01/11/2023 - 19:41

      Two. My town car, a 4wd, motorcycle for work coz diesel so expensive and a trailer. Nothing outrageous, a car each and a motorcycle and trailer for tip.

      • [Deactivated] on 01/11/2023 - 19:50
        +2

        Is the town car a Lincoln?

        • cheriemoore666 on 01/11/2023 - 20:00
          +2

          Haha no just a small hatchback. Just call it the town car as it’s my little runaround car.

  • dogboy on 01/11/2023 - 19:16
    +2

    Move into the RE office in the interim with all your stuff

    • cheriemoore666 on 01/11/2023 - 19:35
      +6

      The thought has crossed my mind believe me! 😂

  • Typical16-bitEnjoyer on 01/11/2023 - 19:39
    -3

    Hypothetical post - Toilet is flooding the house, poo going everywhere, what do
    Answer - call an experienced plumber

    OP's post
    Answer - call an experienced lawyer

    • cheriemoore666 on 01/11/2023 - 19:42
      +2

      Always someone who doesn’t value community sharing 🤷‍♀️

      • jacross on 02/11/2023 - 07:50
        +1

        It's all well and good to have a little yarn with the community but we have expert professions for a reason. There's nothing in your post that suggests you are any different to the myriad other people who ant free legal advice and are silly enough to get it from a forum of strange lunatics.

        • cheriemoore666 on 02/11/2023 - 10:58
          +2

          It’s called research, getting other perspectives, arming yourself with information. Look up definition of a forum. Don’t waste my time with your negative comments. If you have nothing kind to contribute, say nothing and save your own energy.

          • SlickMick on 02/11/2023 - 11:31
            +2

            @cheriemoore666: I don't get these people on community forums saying don't use community forums, seek professional advice.

            Hopefully you'll get some ideas here of what to discuss with your conveyancer, or another lawyer.

            • cheriemoore666 on 02/11/2023 - 12:40
              -1

              @SlickMick: Thank you, exactly right. I was opening myself to advice not criticism. I appreciate your kind words 💜

            • jacross on 03/11/2023 - 08:03

              @SlickMick: Community forums are great but they aren't limitless. They can't provide expert advice and a professional will extract the needed information far better than prompts, from here.

              That said, if OP have included a 'prob need a lawyer but any ideas' sentence I wouldn't have put them in the same basket as all those other people trying to save a buck by consulting 'Oz bargain forums, attorneys at law'.

      • Typical16-bitEnjoyer on 02/11/2023 - 10:44
        -2

        So out of the 20+ different "solutions" you've received, some of which are blatantly wrong, which 1 are you going to blindly follow?

        • cheriemoore666 on 02/11/2023 - 10:55
          +2

          Why do you people even bother? Really? Do you not know the principle of a forum? Move on.

          And because I don’t pay mind to trolls like you, I will give you an answer. We have spoken with a solicitor this morning to ascertain our rights and have an appointment with the real estate this afternoon to present to them. We are considering our options for alternative accommodation in the meantime if we get caught short.

          Thank you and go away 👍

          • Typical16-bitEnjoyer on 02/11/2023 - 11:00

            @cheriemoore666:

            We have spoken with a solicitor this morning to ascertain our rights

            Glad you followed my advice. You're welcome.

          • jjjaar on 02/11/2023 - 21:07

            @cheriemoore666: How did it go with the solicitor and REA?

            • cheriemoore666 on 02/11/2023 - 21:53
              +3

              @jjjaar: Will post final response soon, very draining day today, I’m spent. But it’s good news. We get the keys 13 Nov and only put out, which is nothing, is that we had to consent to tenants vacating without cleaning the property. No problem as we are getting a biohazard clean anyway due to tenants smoking inside for 3 years. Lots of fighting and determination but REA admitted defeat on their error in light of all the costs we would be passing on to them if not rectified.

            • cheriemoore666 on 02/11/2023 - 21:57
              -1

              @jjjaar: I literally was reduced to tears over the stress of this debacle. And anticipated additional costs due to no fault of our own at the hands of unscrupulous REAs had me close to breaking point. Lesson learned here, and something I can offer advice on to others in future.

              • jjjaar on 03/11/2023 - 18:03

                @cheriemoore666: Glad to hear you're happy with the outcome. Sorry you've had such a shit time with this. Not knowing what is going to happen in unexpected situations is always extremely stressful. Even if it ends up all ok, the stress has still happened and you still feel that. Hopefully you slept well last night and can take a bit of a breather this weekend.

          • jacross on 03/11/2023 - 08:00
            +1

            @cheriemoore666: So…you did literally what we informed you that you would need to do?

            Youre welcome!

            Next time someone asks the question you can tell them to get legal advice which will be tailored to their specific circumstances.

      • Typical16-bitEnjoyer on 03/11/2023 - 11:02
        -2

        Which of us has shared 8900 comments vs …40..
        in nearly 5 years??

        Share harder.

        • cheriemoore666 on 03/11/2023 - 11:28
          -3

          Ok competition girl. Hold that trophy close, I hope it gives you the love you so desperately crave. More to the point, just proves you should find a hobby offline that doesn’t include tearing others down 😂

        • cheriemoore666 on 03/11/2023 - 11:31
          -3

          Or maybe all you need is to be convinced not to buy a Camry? 😂 Can’t wait to comment on your posts in future. But I won’t, because you’re so insignificant and small 👎🏻

  • redfox1200 on 01/11/2023 - 21:04
    +5

    just delay settlement until they vacate, use the money saved to stay at an airbnb for a few weeks

  • jv on 01/11/2023 - 21:47

    Why don't you share the place with the tenants?

    It might be fun…

    • moar bargains on 02/11/2023 - 12:38

      Is that you Philip Lowe?

      • jv on 02/11/2023 - 12:52
        +1

        Is that you Philip Lowe

        I wonder how many people live in his five-bedroom home in Randwick that he bought with a heavily discounted, taxpayer-subsidised mortgage?

  • THICKnSLOW on 01/11/2023 - 22:08
    +1

    Wonder if you can find a nearby AirBNB mansion that you can rent for a while, and dump all your belongings in their garage?

  • WreckTangle on 01/11/2023 - 22:15
    +2

    Check your purchase contract, when I once bought a house it said there was to be vacant possession. This means that on settlement day, if its not vacant then its on the vendors to deal with or pay up, not you. YMMV. Edit: oh dear, have noticed that you said vacant possession not in contract. Yikes.

    • ssfps on 01/11/2023 - 23:58
      +2

      It's crazy - OP bought a place to avoid homelessness and didn't even put in a vacant possession condition!?

      Lets hope the tenant at their new place doesn't drag their feet for 6 months. I know a couple that fought for 9 months to get a troublesome tenant removed after they tried to dispute their notice to vacate.

  • angywoo on 01/11/2023 - 22:18
    +5

    Just wondering if you have contacted your tenants and asked them if they have found a place and would like to leave before the end date of the lease notice period. The amount of times people find the perfect place and then have to pay double rent will surprise you. They might see it as a blessing.

  • AustriaBargain on 01/11/2023 - 22:43
    +5

    Let the chain continue, encourage your tenants to get a loan and buy a house and evict their tenants early.

  • jasonlv87 on 02/11/2023 - 00:10
    +4

    If you find yourself somewhere to temporarily stay please don't be tempted to extend your tenants lease by even a day.
    Last year we found ourselves in a situation where we had to be landlords for a few months after buying a house that had a lease that was coming to an end. We put the paperwork in on time for them to vacate, but 2 weeks before that date the tenants begged us to let them stay a little bit longer because the house they were about to move into was delayed due to a builders dispute and they had no-where to go. We agreed to let them stay a few more weeks because we didn't want them to be homeless and we still had our old place, but in doing so the QLD Gov decided we weren't allowed to get the stamp duty concession anymore and demanded we pay it back in full + interest within 48 hours (close to $7,000!), but they were being nice to us by not applying a further penalty. The way the law is written if you extend an existing lease by 1 day or more then you are not eligible for the stamp duty home concession and will be treated like a property investor.

    In your situation I would be very concerned that the gov may think you've allowed the periodic lease to be extended by not having it end either at the end of an existing lease, or allowing them to continue as periodic (even if its only a week or so). This means you won't be able to claim the stamp duty home concession. If I were you I'd be doing anything in my power to legally move them on, even if that means throwing cash at them.

    If you need to be a landlord for a week or so, speak to the current property manager and fill in the paperwork so they can act on your behalf. Find an insurer that allows you to pay by the month and cancel at any time. We used QBE.

  • alxr0101 on 02/11/2023 - 07:38
    +4

    1. REA at fault…Legally demand remedy…don't "ask".

    2. Negotiate with your tenants about moving out early. May be cheaper to compensate them…and they're prob already half packed by then.

  • Pumpkin_rrr on 02/11/2023 - 07:40

    This: Talk to your landlord about extending your term by say 3 weeks.

    What is your settlement date for the new home? Did you make "vacant possession" a condition?

  • Meho2026 on 02/11/2023 - 08:00
    +5

    Best thing to do is delay settlement on the new property until you can take vacant possession.
    Talk to your solicitor about doing this.
    Also I think the GCT rule is affected if you take possession as an investor instead of owner occupier.
    Doing that might make the vendor will put pressure on the REA then and it could motivate them to assist the tenants to move earlier.

    You should try doing the same with your landlord, delay your move date.

  • jonkvh on 02/11/2023 - 08:36
    +2

    If your REA has a head office/corporate, talk to them. A lawyer will be helpful in only writing a letter setting out court action - which is probably what will happen anyway. Just don't expect some whiz bang negotiation on your behalf via your lawyer.

  • iCandy on 02/11/2023 - 08:44
    +2

    Caravan park to live in and storage for furniture and cars?

    • Minimum chips on 02/11/2023 - 09:58
      +1

      Similar to this, renting an RV/Motorhome and renting a bit of space from a neighbour, while not pleasant, may be an option where permanent accommodation is very hard to come by. Just need some land and drivable access to dump site and water. With kids it would be a nightmare, but it sounds like it's just OP+partner+dog. Still hard on the relationship and not an ideal solution, but slightly better than homelessness.

      Also for storage you can rent a shipping container which gets delivered to your property (in some parts of the country). So if you can find some vacant land in your area to rent for a few weeks you can maybe do this with your house contents - keeping them relatively nearby for when you move in.

  • BigBirdy on 02/11/2023 - 09:07
    +2

    Talk to moving companies about storing your stuff for the interim period. When I moved, my mover was okay to hold my stuff for a few days. For longer, I'd expect to pay extra.

    For yourselves, go on a holiday … road trip, Bali, visit family, or whatever

  • sprocketoctopus on 02/11/2023 - 11:22
    +1

    Offer the tenants in your house to be a big financial cash incentive to move out. Only payable when the place is empty on the agreed day.

    You get your stamp duty discount, you get the tenants out, and don't have to find somewhere else to live for your family - which is going to cost you anyway..

    Yes it will cost, but you can then have piece of mind and your sanity back.

  • Kellyke on 02/11/2023 - 12:26

    You are also a tenant and protected by RTA.

    I would offer the new owners of your current place extra cash to let you stay and explain your circumstances - paid for by the real estate agent that stuffed up.

    If they refuse then stay on anyways until you can move into your new place. Legally even once the lease is expired they aren't able to evict you without going through tribunal and sheriff which will generally side with the tenant and allow you to stay until your new place is ready, there should be many examples of this incase studies. Regardless, the whole process will take longer than 2 weeks.

    Although it isn't ideal, the new owners do have a place to stay and tribunal will always prioritise people not being homeless.

    Worst case here - you probably wont have good references for future rentals but won't matter since you've purchased now.

  • afah0447 on 02/11/2023 - 12:28

    Time to lawyer-up! Or at least scare the REA with the prospect.

    REAs these days think they rule the world. They make money hand-over-fist, use intimidation tactics, pressure the unwise with overly complex and detailed contracts and expect nothing to happen to them when they stuff up.

    Take them for everything you can.

  • madbunny on 02/11/2023 - 12:53

    Unfortunately, the tenants are within their right to stay until the end of the lease. The REA can say all they want and make any promises to keep you happy, but it really comes down to what's in the sales contract and the lease agreement which can't be breached. The vendor's solicitor has acted appropriately by not including a vacant possession clause knowing full well it would not have been possible.

    Your options are limited:
    1. Stay past your lease date at your current place and wait to be evicted (morally wrong).
    2. Try and coax out the tenants and offer to pay any relocation costs etc.
    3. Find temporary accommodation.

    The REA may be at fault here, but you won't have any success in taking them to court. They did a scummy thing but they're in the clear. The best you can hope for is to try and delay settlement as this is really a stuff-up caused by your solicitor/conveyancer.

    If you are compelled to proceed to settlement, then the lease, bond, and rent will be transferred to you. Not a big deal and and don't worry about the tax/stamp-duty stuff. It wont have any impact given you have purchased the property to live in.

  • ankti231 on 02/11/2023 - 12:55
    +1

    Your purchase agreement should have been conditional on vacant possession

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