VIC 14 day notice to vacate with notice of sale cancelled

Hi Everyone,

My apartment has been listed for sale for the last 10 months and I was informed of this sale 1 month after moving in. All this time per the tenancy laws, I only need to provide 14 days of notice to vacate without penalty.

I now want to move out and have secured another place with the knowledge of only being required to give 14 days notice. I was supposed to give the notice on 17 February (Monday). Today (15 February), they have just informed me that they are withdrawing the property sale from the market. Does anyone know if I have to now adhere to 28 days notice? On the basis that seller has changed their mind suddenly? I cant find anything on this online.

I will call Tenants Victoria on Monday but just want to get insights from this group.

 

Sounds like the owner has taken the property off the market so your escape clause doesn't wash. You missed your opportunity.

 

I assume you mean January?

As above, it sounds like you've probably missed your window. Why didn't you give notice sooner if you had already secured something?

I dont know about the 28 days... Is that a Vic rule? NSW would be a weeks break lease fee after 10 months (assuming a 12 month lease), or just 3 weeks notice if on a periodic tenancy.

 

Sorry I meant January. I only secured the other lease yesterday, so was going to give notice on Monday. In light of everything, I have now actually just sent it to the property manager.

My fixed term lease ends on 15 February. So if they dont accept my 14 day notice I will be out of pocket for 2 weeks... Still want to save $660.

The other thing is the decision to withdraw selling the property came from the selling agent and not my property manager. It was more a casual note that landlord has decided to withdraw selling the property. Not sure if that means anything.

 

If your property manager hasn't notified you in writing/email then I would argue that the property is still for sale and your notice to vacate valid.

All information exchanges should be in an email from your property manager to be official (not a verbal comment by the selling agent in passing).

I hope you sent your notice via email......

Is the property still listed for sale on the net ?
Screen shot it and send it in the email also, or send an inquiry on the property and see if they still follow up

 

Yes I sent the notice to my property manager via email and I used the VIC notice to vacate form.

The casual note from selling agent was still via email. It was an email trail about getting compensation for inspections and he just added that there won't be any inspections going forward as landlord decided not to sell anymore. Looks to be a decision just made today. Haven't heard anything official from the property manager given a Saturday. I suppose I could argue that formal notice should come from my property manager as my contract is with them.

I cant find the property for sale anymore online but I took a photo of the ad outside the agent's office! It's still there.

 

Send that email asap!
If the notice didn't some from the PM or landlord I would be arguing that the selling agent is not in a position of authority on the matter.... afterall, whose to say the property sale hasn't simply been given to another agency?

 

The option for lease termination on sale only applies at the beginning of the lease not 10 months in.

Get resigned to the fact that you will either pay a break lease fee or be paying rent in two properties.

Nope, your lease is with the owner.

 

Yea the lease is with the owner and the property manager represents the owner. All communication about the tenancy should be via the property manager. Also the owner didn't email me. Only the selling agent, who I have no legal connection with.

"The option for lease termination on sale only applies at the beginning of the lease not 10 months in."

Where is it stated that it "only applies at the beginning of the lease"? Genuine question.

If you have been given a Notice of Intention to Sell and want to move out you can, but you will need to give the rental provider at least 14 days written notice of your intention to vacate [section 91ZB].

You can do this even if you have a fixed-term agreement.

Giving your notice of intention to vacate after getting a notice of intention to sell is not breaking your lease. You cannot be asked to pay any lease breaking costs if you end your lease this way [section 91ZB].

 

I would tend to agree with @Tokyoporky that the option to terminate 10 months in (or any time the property is for sale) does exist rather than being limited to the start of the lease only.

Disc: I've never dealt with this scenario, bothered to look up the regs, or lived in Vic. Merely applying a degree of commonsense which of course is worth nought these days anyway.

 

I thought i would create an account to provide an answer.

Some of these responses are completely ridiculous, just pro landlord anti tenant nonsense. As you have decided to lease a place whilst you still thought it was for sale - the 14 days will apply. NCAT or VCAT will side with you (if it gets that far). If you decided to lease clearly after - the answer might be different.

Tell the landlord if he charges you rent for the 14 additional days you will go straight to NCAT. They wont challenge it, and if they do, you will win so fast you could park in the loading zone out the front.

 

Factsheet 16: Ending fixed-term tenancy early

"Ending tenancy early due to extraordinary grounds
Give a minimum 14-day termination notice on any of the following grounds:

• You’ve been offered and accepted a place in social housing.
• You need or have accepted a place in an aged-care facility.
• The landlord wants to sell the premises and they did not tell you this before entering into the tenancy agreement.
• The landlord failed to disclose to you that the premises were listed on the Loose-filled Asbestos Insulation (LFAI) Register prior to you entering into the agreement.
• The premises have been listed on the LFAI Register during the tenancy.

Vacate according to your notice. You will not have to pay the landlord compensation for terminating early."

If the OP was aware prior to entering the lease, this break option doesn't exist. Not aware if there's a sunset date.

 

So feb21 the lease began, 12 month lease.
Mar21 the place was put on sale.
Jan22 the tenant wants to give 14 days notice.

this seems to fit the third point, which doesnt specify how quickly they have to act after they are told about the sale?

but, if the tenant has now been told the property is no longer for sale, can they still use this clause?

 

OP is in Victoria so NSW rules are irrelevant.

the law that applies seems to be here RESIDENTIAL TENANCIES ACT 1997 - SECT 91ZB Reduced period of notice of intention to vacate in certain circumstances

I’m not a lawyer so take this as an opinion not advice.
1e appears to be the relevant section and assuming you were given formal notice of there intention to sell after you signed your agreement it seems only 14 days notice are required.

 

Consumer.Vic sets it out very clearly - in a handy table which states that ‘Only 14 days notice is required if ‘the rental provider has given the renter a notice to vacate because the property is going to be sold’

Leaving a rental property early or without notice (breaking the lease)
Scroll down the page to this heading: Reasons a renter can end an agreement early without paying costs.

Tokyoporky - were you given notice to vacate (i.e. at the end of your lease)?

 

Which one applies here? The owner hasnt given the renter a notice to vacate.

 

I'd pursue this part of it.
Your other arguments are rubbish, sorry.

 

OP wrote they were made aware of the sale campaign one month after moving in. Btw your first post was ridiculous to the OP.

OP was having their leased place sold so they exercised their legal entitlements. Make them see like they are opportunistic is poor.

 

OP i would seriously take the feedback of these posters with a grain of salt. They are just talking rubbish or genuinely think the landlords dont need to follow rules.

Say you are leaving in 14 days and wont be paying a cent more. Enjoy your new place.

 

The place if off the market as advised by the (selling agent), it is no longer on the market so why would the opportunity arise to break the lease due to the property being for sale apply? The OP is now being opportunistic as they have been advised it's not for sale and subsequently issued notice. Nothing ridiculous or snide other than your posturing that all LL's are biased.

That's fine, there's 4 weeks bond in the kitty any way, if the OP objects, it is not that hard to show that the notice was provided after the tenant has been advised that the property was off the market.