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"No Lease" in gumtree add

Discussion in 'Property Management' started by legallyblonde, 5th Jul, 2015.

  1. legallyblonde

    legallyblonde Well-Known Member

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    Just cruising gumtree to monitor the rental market in and around Canberra... Since I am hoping to gain employment there in the near future... Hehe it turns out I would love to live in a property that I would never buy... One bedroom apartment in a complex in CBD with pool, gym, sauna ect.

    So today I saw an add on gumtree which read...

    "No lease, one months rent in advance as a deposit and your choice of weekly or fortnightly thereafter. 2 weeks rent as a small bond."

    Are tenants desperate enough to agree to that? No lease makes it a periodic tenancy... I cannot imagine many people who that would suit! =/ I wonder if many tenants understand the consequences of a periodic tenancy?
     
  2. dabbler

    dabbler Well-Known Member

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    Well, in NSW that would favor the tenant, 90 days notice reqd.

    What I would be concerned about, is does the person have the right to lease the place to me legally.
     
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  3. Beelzebub

    Beelzebub Well-Known Member

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    They could be sub leasing.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    It's an advert on gumbytree - you'd need to make 100% certain that the lessor is not an overseas bank account and the advert hasn't been hijacked.
     
  5. Lou Martin

    Lou Martin New Member

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    You would be surprised at how many 'fake' listings there are. I am a listing service agency and I have had over a dozen attempts a month to list a property that is too good to be true and is not being rented by the real owner. The credit card that pays for my service is real but doesn't belong to the scammer. I get my fee for a little while until the real credit card owner claims it back. The scam in not on me, but on the potential tenants to do exactly as 'Scott No Mates' suggests, pay money to an off shore account, without seeing the property.
     
  6. D.T.

    D.T. Adelaide Property Manager Business Member

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    These are dodgy. I've contacted some in Perth who have said "Yea, I had to go over to Sydney earlier than expected for work, can you just Western Union me the deposit and I'll post you key?". Sure buddy.
     
  7. MickyD

    MickyD Member

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    Yep I'll have to agree on the old gumtree. The scams seem to go both ways on the site, I have tried selling stuff before on gumtree like my motorbike and I received more dodgy offers then genuine ones. Some even were offering me double the asking price!
     
  8. Nemo

    Nemo Well-Known Member

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    Check the tenancy laws in ACT, pretty sure even with a periodic lease landlord has to give tenant some ludicrous amount of notice. With a lease its 6 months.
     
  9. legallyblonde

    legallyblonde Well-Known Member

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    I have seen far too many of these on SS! The awkward turning up to find surprised homeowners!

    I feel like this is a serious gap in my education!! We were told in property law that periodic tenancies only required notice equivalent to the period you pay rent for... E.g. paying rent fortnightly means that either party only needs to provide a fortnights notice...


    I find Canberra listings to be very different to Tas... 1) Agents insist that you inspect before applying 2) Many have rent paid on the first of the month 3) accepting credit cards!!! (for a fee I assume).

    I was also horrified that so many properties have basically no heating!! I would have thought in a territory where it is regularly below zero degrees that decent heating would be expected!
     
  10. Perp

    Perp Well-Known Member

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    I think that's the common law position, but every jurisdiction has statute that overrides.
     
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  11. legallyblonde

    legallyblonde Well-Known Member

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    Interesting! Thankfully it is not something I would get myself involved in! I love the comfort of a lease!
     
  12. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    This sounds like a lease to me! Just because there may not be a written lease doesn't mean there is no lease. Agreements can be oral. If there is not
    s14 RTA the tenant can stay at least 6 months and rent cannot be increased
    http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2010207/s14.html

    Tenant can also get an order from the Tribunal to make the landlord enter into a written lease s16
     
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  13. legallyblonde

    legallyblonde Well-Known Member

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    True true... How could I forget it is not the intention that makes it a lease! Hehe... The good old lease vs licence! If it looks looks like a duck, quacks like a duck, walks like a duck... It is a duck, even if you call it a horse!
     
  14. Travelbug

    Travelbug Well-Known Member

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    All rental adds on ?Gumtree are not scams. But I agree some may be.
    The no lease bit is a giveaway. I leased one on Gumtree. You get a lot of desperate applicants that can't lease normslly so you do need to be careful.
     
  15. D.T.

    D.T. Adelaide Property Manager Business Member

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    Check allhomes @legallyblonde that's the most popular RE site in ACT
     
  16. legallyblonde

    legallyblonde Well-Known Member

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    Hey D.T. I was recently made aware of this. Turns out it doesn't matter after all, on the plus side, I do not need to pay rent any time soon!
     
  17. D.T.

    D.T. Adelaide Property Manager Business Member

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    How come, buying up there instead? :)
     
  18. legallyblonde

    legallyblonde Well-Known Member

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    Hehe.. No no... Nothing like that.. Staying in Tas with my free rent for now due to my lack of success in the grad job stakes!