The story is a little complicated and I am trying to make it simple and clear:
I had been sharing a unit with my ex-flatmate who signed the lease contract with the agent. He moved out last month as he bought his own property and has to live there for first home buyer grant. I am currently looking after the unit and paying all the rent and bills. My ex-flatmate is annoying and it was not good experience living with him. He was not a good tenant as the neighbor complained to me and he did not always pay rent in time. My family will be coming and I intend to keep the unit which I have been living over 2 yrs. So I want to take over the lease. The problem is my ex-flatmate may not agree as he will probably move back in a couple of month. In this situation, can I still get the name changed on the lease contract if the agent agrees to do so?
Thanks for any advice.
I do not work in the real estate industry, so cant really answer your question, but if i was the landlord i would be pretty annoyed the tennant (your friend) had moved out without giving the proper notice, or organised a flatmate without getting prior approval. But it sounds like you could be a better tennant than your friend was, however that should be up for the landlord to decide. Do they even know you are living there too ???
You could try informing the agent of the situation, and explain that you wish to continue living there under a formal lease agreement, but you might run the risk of being evicted. I dont know if they can just ammend / add your name to the lease if they are happy to do that or whether the landlord wishes to formally (and legally) end the lease with your friend for breach of contract ?? and commence a new one with only you on it ?? A tricky situation!!
Hopefully someone on here with some inside knowledge can advise you !!
Goodluck!!Who is paying the rent?
As you are not on the lease you have few rights especially if the owner seeks to terminate the lease.
I agree with eilatan28 – I’d be a very concerned regarding the current tenant vacating and someone else occupying the property who never signed the lease. From a landlords perspective, I’d be tempted to scrap the current lease altogether and get new tenants. I know it’s not the news you’d want to hear but if you’ve been living there for 2 years you should already be on the lease.
Cheers
Jamie
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
Email Me | Phone MeMortgage Broker assisting clients Australia wide Email: [email protected]
Is the ex-tenant, the lease-holder, your friend? Are you still in touch with him/her? If yes, you can easily go together to the agent and explain the situation and request the lease be put into your name. the agent will of course need to do reference checks (and will treat you as new applicant) but I'm sure they would rather keep the unit occupied than have it empty and have to re-advertise. Good luck
thank you for all the advice. the lease-holder is my ex-flatmate. we are not really friends. We are still in touch only when we need to discuss about the unit. I’ve been lived there for two years. The agent knows my existence though does not know me quite well . When my ex-flatmate was away for a long holiday, i contacted the agent once for repair.
I agree with eilatan28. If I talk to the agent, I will be running the risk of being evicted. My reason to persuade the agent is lease-holder will not be living there in next half year and I will be the best one to take care of the unit. is it powerful enough to support me? Thanks
As I said above, you don’t have any rights on the lease. If your friend gives notice, you will have to vacate.
Have a chat to your friend to see he will agree to adding you to the lease & get the lease fixed. Then ‘break up’ with your friend advise the agent.
Hi ALSK
There is provision in the Residential Tenancies Act for a person who has been living in premises for some period of time to ask a Tribunal for an order that his tenancy be recognised.Since you have been living there with the landlord's / REA's knowledge, they have been dealing with you already and accepting your rent money.
In simple terms, the Landlord just wants the rent paid on time and the house looked after, so why not put it to the landlord (REA) in those terms, ensure the house is spotless and ready for the inevitable instant inspection, and attach a bunch of rent to the request, along with an application form and bond – money talks.Good luck
Cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Its interesting that this topic comes up now. I've just dealt with exactly this scenario. The initial tenants left the property about 6 months ago and let a friend take over paying the rent. Who then left and went out of his way to give the tenancy to another friend. Summing it up nicely the property has been now sublet twice and has no actual relationship to the listed tenancy.
A genuine nightmare.
The strict letter of the law allows you to turn around and just organise a barest minimum on removal of the tenants. However .. if the existing subletting tenants are doing the right thing .. looking after the place .. why lose them on technicalities?
In my case we redrew a tenancy agreement of 6 months and got the subletting tenants to work out who would be responsible for the leasing arrangements and bills. And stuck his name on the rental role. With a new bond.
Approach the property manager as soon as possible, explain the scenario, and get yourself as the registered tenancy. If you hesitate and wait to be discovered you may not get an extension of leasing option.
If you have issues with raising the amount of the bond, there is a scheme for rental assistance in most states from the government. Approach them if you need this sort of assistance.
Hi ALSK,
Sounds like a tough situation.
The agent can’t really do anything for you, because your not on the lease. Your best bet is to convince (read coerce) your ex into breaking the lease and recommending you as the new tenant. If you play the game right the agent is very likely to let you sign a new lease in your own name.
You’ll be able to force your ex-flatmate’s hand because as you currently stand, your paying his rent.. and he can’t afford to pay it himself. Just say you want your own place, and if he doesn’t want to give you the lease on your flat then you’ll move out. If you did – he’d have to break his lease anyway, so he’ll just say yes.
If he does agree, your not really out of the woods. Legally he’s breaking his lease, and you have to apply for a new lease. That said, in a break lease the agent really has to take on the first available tenant, provided there’s no good reason not to. But there’s still a chance your application may be rejected. That said, most agents I know of a pretty lazy, they’ll just sign you up with a new agreement, and charge the owner an inspection fee, letting fee and advertising for doing nothing at all.
Good luck.
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