hi so if you buy a house that is rented do you have to give them 90 days notice thanks

dadtofive - 2021-07-11 17:23:00

Ask that it is "vacant possession on takeover".

smallwoods - 2021-07-11 18:23:00

smallwoods wrote:

Ask that it is "vacant possession on takeover".

Indeed!
That puts it on the seller, and helps ensure the tenants (who have been known to damage property and leave piles of rubbish when given notice) won't affect the property. Have seen it happen, several times, and one's lawyer should be ensuring the buyer is safe.

autumnwinds - 2021-07-11 18:35:00

autumnwinds wrote:

Indeed!
That puts it on the seller, and helps ensure the tenants (who have been known to damage property and leave piles of rubbish when given notice) won't affect the property. Have seen it happen, several times, and one's lawyer should be ensuring the buyer is safe.

Tenants can still damage the property - but, as long as the pre-takeover inspections etc have occurred it puts the responsibility to put right back on the vendor.

brouser3 - 2021-07-11 20:07:00

dadtofive wrote:

hi so if you buy a house that is rented do you have to give them 90 days notice thanks

unless you bought during covid and the tenants came with, that was an interesting ride.

gabbysnana - 2021-07-11 21:02:00

Demand vacant possession - nothing less.

sparkychap - 2021-07-11 21:10:00

dadtofive wrote:

hi so if you buy a house that is rented do you have to give them 90 days notice thanks

If you buy a house subject to a tenancy you cannot give them 90 days notice.

Edited by johnston at 10:30 am, Mon 12 Jul

johnston - 2021-07-12 10:30:00

My mothers career has just bought their first home that has a tenant in it until January next year and they are on a fix term for another few months and they have already paid the deposit already.

Edited by ttaotua1 at 11:51 am, Mon 12 Jul

ttaotua1 - 2021-07-12 11:50:00

100 day settlement and vacant possession is what you're after. This will allow the vendor to give the required notice to the tenant assuming its a periodic tenancy.

superdave0_13 - 2021-07-12 12:00:00

ttaotua1 wrote:

My mothers career has just bought their first home that has a tenant in it until January next year and they are on a fix term for another few months and they have already paid the deposit already.

Hope the buyer has had proper advice about giving notice to the tenant. Can be complicated if not done completely correctly.

artemis - 2021-07-12 15:37:00

superdave0_13 wrote:

100 day settlement and vacant possession is what you're after. This will allow the vendor to give the required notice to the tenant assuming its a periodic tenancy.

Exactly... 90 days for the tenant to leave + 10 days for the owner / seller to repair any damage that the property has suffered since the buyer signed the contract... Unless you want the current tenant, ensure you stipulate vacant possession and also ensure you "inspect for vacant possession" on the day settlement is set down for, and do not part with any money until the property is vacant... do not get involved in any sob story from the sellers tenant that they just need a couple more days to get their stuff out.. the seller signed up to give you vacant possession and it is their problem to deliver it to you !!

onl_148 - 2021-07-13 12:19:00

artemis wrote:

Hope the buyer has had proper advice about giving notice to the tenant. Can be complicated if not done completely correctly.

I suppose they were willing to pay the deposit now to secure the house because the owner wanted to build but I said that's a bit weird if the tenants stay until January and their lease finishes in December.

ttaotua1 - 2021-07-13 15:17:00