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Legal advice needed

Discussion in 'Property Management' started by coastie, 26th Sep, 2015.

  1. coastie

    coastie Member

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    I have learnt the hard way by not drawing up a lease for a "friend" who rents the house from me while I am also on the rear of the property in a flat which makes this awkward. After many years of share houses I thought this would be straight forward but found out otherwise. I am looking to speak to someone regarding legal advice on how to proceed from here as I have given them notice but doubt they will leave on the date requested. I am on the Central Coast of NSW and would be grateful for a recommendation of a lawyer or legal firm that may assist from here. Thanks
     
  2. thatbum

    thatbum Well-Known Member

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    Legal advice is the best way to cross your Ts for sure, but maybe its worth reading up on your rights and responsibilities yourself - or hire a property manager instead?

    Otherwise you might literally spend thousands on something like this, which might be more than what is at stake in the first place.

    Or you could even try throwing out your scenario out here and some experienced forumites might be able to give you some pointers (me included).

    You haven't even clarified exactly what outcome you're after...
     
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  3. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    Leases can be verbal. You give 90 days no reason given notice and they move out (unless in breach for rent arrears/damage etc). Then if they dont leave you apply for eviction at CTTT
     
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  4. melbournian

    melbournian Well-Known Member

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    Being it is a friend just talk it out or get something in writing. Tribunal is the last option but should be able to be sorted out
     
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  5. coastie

    coastie Member

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    I sent a text Giving 5 months notice and asked them to vacate on Dec 13th. I want to move into the house myself. They pay rent into my bank account. Last time rent was due they asked for the money to be taken out of the bond so I said ok. Rent was due again yesterday and I got a text saying they had some unexpected expenses and will pay 2 weeks next week. Communications have been nasty at times from their end but I am keeping it straighforward.
     
  6. coastie

    coastie Member

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    Not really talking to them now as it gets stressful for me. I assumed way too much, like people know how to be good tenants and respectful.
     
  7. wylie

    wylie Moderator Staff Member

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    I take it you are in some sort of granny flat, with a friend paying you rent for the main house. Is this right? And you want the friend to leave. And the friend doesn't want to leave? Is this correct? If so then that might help others to give advice. If not, then I think you need to be more specific to get help.
     
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  8. melbournian

    melbournian Well-Known Member

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    I once dated a girl and then subsequently rented a place to her. Late payments, random accusation and when the relationship didn't go further it was hard to negotiate with her. Never mix friends and leases
     
    Last edited: 27th Sep, 2015
  9. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Dear Coastie,
    Sorry to hear about your situation. Could I suggest that you sit down and write a list. The date he agreed to rent, all the dates he paid. Copies of correspondence. Did you have an inspection report of the house before he moved in? Did you take photos of the house at the time? Keep these!
    You might also like to speak with Fair Trading NSW, they may be able to tell you What is the legal thing to do? Also worst/ best case scenarios. They have 'seen it all before'
    Keep us informed, and be gentle on yourself!
     
  10. coastie

    coastie Member

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    Yep I am in a granny flat at rear of premises. They haven't said they wouldn't be leaving but told me hey do have a lot of things to do. Seaford Sunshine The house was in good condition as I had just purchased it. Will never do a lease without an agent again.