All Topics / Help Needed! / Trying to settle on a unit with a PITA tenant not allowing ACCESS!!

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  • Profile photo of sophiehsophieh
    Member
    @sophieh
    Join Date: 2009
    Post Count: 27

    Hi All,

    Just after any advice/thoughts on this situation I am in!

    I have made an offer on a unit and it has been accepted, contracts signed etc. I have not seen inside except pictures, but I am confident that it will be fine for my purposes – currently tennanted out and will be kept as an IP.

    I have made the contract conditional on building inspection and was planning on using this opportunity to view the property myself, now.. this is the tricky part… the tennant is refusing access to the property!!
    So far the tenant has breached 3 requests for access to the property and application has been made to VCAT to make him provide keys which he probably wont…

    Has anyone been in this situation before? How long does it take to evict a tenant if need be, is this enough to evict??

    If I pay my deposit, it is too late to then back out because I haven’t been able to do the pest and building inspection?? I don’t want to back out, but I wan’t to make sure he hasn’t demolished the property in a rage!

    I wondered about just keeping on extending the deposit day until I either have gotten in or he has been evicted.. Deposit day and settlement day have both been extended by one week but only due to my loan not being ready yet..

    Arrgghhhh.. I just want this to be over!!

    Sophie

    Profile photo of pullypully
    Member
    @pully
    Join Date: 2009
    Post Count: 44

    what is a PITA tenant?
    how long is the tenant lease?
    is the property being professionally managed? If so are you working with the leasing agent to gain access, or simply via the vendors agent?

    the tenant is entitled to a period of notice re open inspections etc, has this been done?

    the leasing agent must have had access to do inspections? what do they say about the property condition?

    unless in breach of conditions of their tenancy for say non payment of rent etc, eviction is a serious matter that would need to followed as per specific guidelines laid down by your states governing body.

    i would seek information re your options from them. you may find they can stay until their tenancy expires.
    has the vendor been up front with the tenant re selling the property? if you have bought the property perhaps the tenant goes with it albeit until their tenancy expires?
    good luck, regards.      

    Profile photo of maree_bradrossmaree_bradross
    Member
    @maree_bradross
    Join Date: 2007
    Post Count: 401

    pain in the ar*se

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