Lease: Can't Vacate on Last Date on Notice, 2 Weeks More Needed

Lbelles on 19/12/2015 - 01:19

A friend living in NSW needs to stay until 2 weeks after the notice period ends.
They have got a property to move in, but unfortunately will need to stay 2 weeks more due to some unforeseen delays.

The current agent has not co-operated and delivered a notice to leave the property at a date that ends 2 weeks before they can leave.

What are their options ?

As per my research they can't be kicked out and if they don't move by last day, the current owner will need to go to Tribunal, and request for a possession order, which is enforceable (they can be evacuated forcibly).

Can anyone advise how long does the process take ?
Can the current owners block or reduce their bond payment because of delay, assuming they clean-up and pay rent ?
Will there be any legal cost they might need to pay ?
What should the tell the current owner, agent ?
They are happy to pay more rent, clean-up and all, but they need to stay for 2 more weeks.

Thank you.

Home & Garden

Comments

  • captobvious on 19/12/2015 - 01:40
    +1

    First move, ask agent why and see if you can come to an arrangement for those 2 weeks.

    Dont be selfish Not moving when you are supposed to would be a dick move. Just move out into a holiday rental and get the removalist to store their stuff for the 2 weeks.

    • flywire on 19/12/2015 - 07:00
      -5

      Ill-informed. Send the agent a letter stating the date they will move. The matter will not be taken to the tribunal and if it is it would be thrown out.

      • ozhunter on 19/12/2015 - 07:07

        Are you saying that all I have to do is write the agent a letter and I can move out whenever I feel like it?

        • flywire on 09/01/2016 - 10:50

          In terms of this timeframe - yes. It is not unusual for moves to be delayed and the agent has plenty of notice so should be able to work around it.

  • isthisreally_me on 19/12/2015 - 01:55
    +5

    Landlord can take them to civil court and get costs incurred.
    Landlord can put them on a Tenancy Database blacklist (hope they dont have to rent again in near future)

  • gummibear on 19/12/2015 - 02:59
    +12

    Your friend wants to stay 2 weeks longer to reduce their costs and inconvenience is that right? If so, that a want not a need as far as I can tell.

  • toristo on 19/12/2015 - 06:55
    +9

    The owner probably has a new tenant lined up to move straight in. If a date was agreed, it's only fair that the owner is able to put a tenant in as quickly as possible to avoid losing more money than neccesary.

    I doubt anyone would turn down an extra 2 weeks rent at this time of year if they didn't have someone already lined up.

    If they don't move out and prevent a new tenant moving in, they deserve to be blacklisted in the tenancy database if all other processes have been followed by the agent.

  • ozhunter on 19/12/2015 - 07:09
    +6

    What are their options ?

    Stay with a friend, parents, or a cheap hotel/apartment.

  • Nutrino on 19/12/2015 - 08:16

    How much notice did they get before the offical date?

  • elvino on 19/12/2015 - 08:32
    +2

    i feel sorry for the owner. The agent probably hasn't cooperated because he needs the place empty.

    Airbnb + storage King solves the problem. You do not want your friend in the blacklist, it will mean no more rentals for several years

  • try2bhelpful on 19/12/2015 - 10:39
    +9

    It is beyond me why some people have a sense of entitlement and are looking for ways to circumvent legitimate business practices for their own convenience. If I was the real estate agent I would take great delight in adding your friend's name to the blacklist. As others have said, put the stuff in storage and move in somewhere temporary.

    Imagine if the shoe was on the other foot.
    Agent - "I need you to stay another 2 weeks because I can't get another tenant in until then".
    Tenant - "But then I'll be paying rent on 2 places".

    • t_c on 19/12/2015 - 15:51

      not to mention the future tenants that are expecting to move in on the day OP moves out and may have no where else to go.

  • fruit on 19/12/2015 - 11:02

    How long did they give you to move out?

  • Zonty on 19/12/2015 - 15:19

    service apartment if they have not furniture much. otherwise you can live there but will not good for your friend,as your credit will destroy and never get again house to rent. further more police will be there do not surprise if they take action fast and will change lock even. so better hire van put furniture in for two weeks live somewhere cheap like motel or service apartment.

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