SA Agent or Lawyer good with non-standard evictions wanted

Discussion in 'Property Management' started by qemist, 13th Dec, 2018.

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  1. qemist

    qemist Member

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    I have a property in Magill, Adelaide that is currently being occupied by a man without a lease. He pays no rent. Can anyone recommend a lawyer and/or agent in Adelaide who has experience with evicting a "tenant" in this situation?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    How did he get in?
     
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  3. qemist

    qemist Member

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    He was a guest of my mother staying in an attached granny flat under an informal help for accommodation arrangement. When she died he didn't move out, but took over the house. I am the executor.

    I've considered waiting till he's out, having a removalist box his things and dump them at his place, and a locksmith change the locks, but I've been told that's illegal.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    If he was in the GF, then he'd be a tenant.

    As he is in the house without consent, he'd be a squatter.
     
  5. Michael Mitchell

    Michael Mitchell Well-Known Member

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    And on that note if I were the Owner I'd call 000 and report intruder, hahaha
     
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  6. thatbum

    thatbum Well-Known Member

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    By who? A lawyer?
     
  7. Simon Hampel

    Simon Hampel Founder Staff Member

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    Have you actually asked him to leave?
     
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  8. qemist

    qemist Member

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    A couple of real estate agents. So far I have been referred to Beger & Co. and Brenton Priestley at PGC Legal.

    Yes. He says he'll go, but doesn't.
     
  9. D.T.

    D.T. Specialist Property Manager Business Member

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    Implied lease on granny flat. Breach for non payment, then go through normal eviction process at sacat.

    If in main house, call police for trespassing.
     
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  10. qemist

    qemist Member

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    Thanks D.T. Not sure about non-payment of rent because he never paid rent. He was there on an accommodation for services agreement with my mum. Obviously since she died he hasn't been providing any services. I like the idea of excluding him from the house. I have considered moving in there myself so I can give him hell on a daily basis.

    I'm speaking to lawyers Monday and will let you know what they say.
     
  11. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    He will argue he had a life tenancy, perhaps even a relationship. I hope there is something documented. I would discuss a caveat over the property too
     
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  12. D.T.

    D.T. Specialist Property Manager Business Member

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    Leases cease when landlord or tenant dies , so that might be an avenue. He could argue there wasnt an implied lease (ie as Paul said above).

    Other options is do a 90 day no reason Form3, and if he doesn't move out of the end of it , take it to SACAT and argue that it was an implied lease.
     
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  13. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    Generally a contract is still binding after death. But the situation in NSW is that the landlord or the deceased's legal personal representative may terminate the lease and this can be done before any fixed term is up.

    So a lease doesn't cease, but could be terminated.

    Should be similar in other states.
     
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  14. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    There are plenty of cases where flat mates have run the 'I was a defacto' argument.
     
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  15. D.T.

    D.T. Specialist Property Manager Business Member

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    SA Residential Tenancy Act s79 (g) A residential tenancy terminates if the tenant dies without leaving dependants in occupation of the premises.

    Not sure if its the same for landlord dies, wouldnt that be equitable in a 2 party contract?
     
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  16. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    Under the SA act the lease doesn't appear to automatically terminate on the death of the landlord and I can't see any provision to allow a tenant to terminate unless with the agreement of the legal personal representative of the deceased.
     
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  17. Harry30

    Harry30 Well-Known Member

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    In common law, is a leasehold interest akin to a property right, which generally passes to the estate on death (in the same way as a freehold interest)?
     
  18. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    under contract law death doesn't really change anything. the estate is still bound by predeath contracts, unless there is a clause in the contracts or legislation indicating otherwise.
     
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  19. jim1964

    jim1964 1941

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    Call Terry Kavanah at Kavanah/Dangelo for the legal route
     
  20. qemist

    qemist Member

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    The deceased was his mother, so that would be an odd argument to make. If I could confine him to the granny flat he would likely feel much less at home, so I will run that idea past the lawyers.
     
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