Moving on up, or not...
May 13, 2009 7:34 PM Subscribe
Buying House dramas: tenants in place we are due to settle don't want to move out by settlement, but we want to move in!
posted by smoke to Law & Government (15 answers total) 2 users marked this as a favorite
Apologies for length. After many dramas, we are finally settling (aka final payment to vendor) on our apartment on Monday. However I had a delightful call from the real estate agent this morning, informing me that the current tenants are claiming never to have received their notice to move out, and won't be ready by Monday.
This is not a good situation - settlement has already been delayed, as a result we run the real risk of being without somewhere to live ourselves before we move in (our own lease expires).
I had a very terse conversation with the real estate agent explaining that whether tenants did or did not receive notice is their problem as property manages and thus they need to fix it, cause come Monday they won't be property managers, and we'll be moving in. He hemmed and hawed a lot, tried to push it back on us.
What are my rights here? This is a frickin' nightmare. In addition to being without somewhere to live, I've taken time off work, hired a ute, etc. etc. My renting experience tells me what I said to the real estate agent is fundamentally true; it's their error either way and the onus is on them to sort it out vis organising accomodation for tenants, or kicking them out. Does anyone know for sure? FYI, I'm in NSW, Australia, and waiting for a call back from my solicitor. Thanks for your advice.