committed wrote:

But I've sold the property to a friend who will move in the day after the tenant moves out. I've got no need to market the property! It was tortuous but we got there in the end.

Then your argument is irrelevant.

Edited by sparkychap at 10:56 am, Sat 3 Apr

sparkychap - 2021-04-03 10:55:00

sparkychap wrote:

Lets try this in a few simple words. There are now two routes to selling and giving notice:

I give notice to sell under S47. I market the property and I sell subject to vacant possession. THEN I can give notice.

Or I give tenant notice now, but can only start marketing the property AFTER the termination date.

What I can't do is give notice now and then start marketing.

As per my previous post, there is no need for marketing as the property is sold and the buyer moves in the day after the tenant leaves. That can happen at any time.

committed - 2021-04-03 10:57:00

committed wrote:

As per my previous post, there is no need for marketing as the property is sold and the buyer moves in the day after the tenant leaves. That can happen at any time.

And yet you claimed marketing can start at any time.

sparkychap - 2021-04-03 10:59:00

sparkychap wrote:

And yet you claimed marketing can start at any time.

I said the intention to sell comes first. Of course, it all depends on how you define marketing.

committed - 2021-04-03 11:06:00

Being on the market for sale isn't marketing.

committed - 2021-04-03 11:08:00

committed wrote:

Being on the market for sale isn't marketing.

Which is obvious from S47. D'oh.

sparkychap - 2021-04-03 11:16:00

sparkychap wrote:

Should have had the conversation before issuing a contradictory and unlawful notice, then...

Nothing unlawful about it. You've agreed the property can be sold at any time.

committed - 2021-04-03 11:16:00

committed wrote:

Nothing unlawful about it. You've agreed the property can be sold at any time.

But notice can only be given in specific circumstances.....

sparkychap - 2021-04-03 11:19:00

Snore.

apollo11 - 2021-04-03 11:21:00

apollo11 wrote:

Snore.

Tell me about it.

Actually don't.

Edited by sparkychap at 11:22 am, Sat 3 Apr

sparkychap - 2021-04-03 11:21:00

sparkychap wrote:

But notice can only be given in specific circumstances.....

Exactly...but the law doesn't preclude a sale at any time.

committed - 2021-04-03 11:22:00

committed wrote:

Exactly...but the law doesn't preclude a sale at any time.

If it makes you feel any happier with yourself, then yes, in a specific circumstance you are argue that you can, but in the context of this discussion, the notice in #1 was unlawful.

sparkychap - 2021-04-03 11:30:00

sparkychap wrote:

If it makes you feel any happier with yourself, then yes, in a specific circumstance you are argue that you can, but in the context of this discussion, the notice in #1 was unlawful.

It wasn't unlawful. Besides, only a court can make that judgment. You're not a court.

committed - 2021-04-03 11:33:00

committed wrote:

It wasn't unlawful. Besides, only a court can make that judgment. You're not a court.

And yet you made that judgement.....lol

sparkychap - 2021-04-03 11:36:00

sparkychap wrote:

And yet you made that judgement.....lol

I was following your lead LOL.

committed - 2021-04-03 11:44:00

paysanne wrote:

My understanding of the change is as follows, but also depends on type of tenancy etc.
1) - Selling the Property with Tenant Remaining
- Notify tenant of property going on the market for sale - no required notice
period simply a letter along the lines of "Hey Zac, we confirm 12 Smith St is
going on the market for sale, we will be in touch to organise details with you
around how we can manage this process together"
- Work through the sale and open home process with the tenant and in
conjunction with the property manager
- Provide the tenant with a 90-day termination notice, only once the property sale is unconditional and if the new owner requires vacant possession

2) Selling the Property Empty

- Provide the tenant with a 90-day termination notice for the purpose of
marketing the property for sale empty (periodic tenancy)
- Wait until the tenant has vacated before you can market the property for sale.
Any form of marketing for the property when this type of notice is given cannot occur until the tenant has vacated.

You missed 3) The property can be sold at any time after notice to vacate has been given to the tenant. Indeed a buyer may wish to take possession sooner than 90 days and may wish to retain the existing tenant.

committed - 2021-04-03 11:47:00

OK, committed, lets look at the OPs situation logically.

Have they already sold the property subject to vacant possession?

No - therefore Termination under 2(b) cannot apply.

Is the landlord intending to put the property on the market AFTER the date of termination?

No - they've stated "During this notice, the property will be put on the market for sale...We are looking to put the property on the market within the next few weeks, so we will work with you to achieve this."

So notice under 2a is unlawful.

Edited by sparkychap at 11:53 am, Sat 3 Apr

sparkychap - 2021-04-03 11:51:00

sparkychap wrote:

OK, committed, lets look at the OPs situation logically.

Have they already sold the property subject to vacant possession?

No - therefore Termination under 2(b) cannot apply.

Is the landlord intending to put the property on the market AFTER the date of termination?

No - they've stated "During this notice, the property will be put on the market for sale."

So notice under 2a is unlawful.

Nope. You've agreed that such properties can be sold AFTER notice has been given. A property can be sold without it being marketed. The seller may list the property with an agent on the proviso that there is zero marketing while the tenant resides at the property, but of course that doesn't preclude a sale.

Edited by committed at 11:57 am, Sat 3 Apr

committed - 2021-04-03 11:56:00

committed wrote:

Nope. You've agreed that such properties can be sold AFTER notice has been given. A property can be sold without it being marketed.

They are going to market it, it says so, numbnuts.

sparkychap - 2021-04-03 11:56:00

sparkychap wrote:

They are going to market it, it says so, numbnuts.

Haha no need to get personal. It also says they're going to talk to the tenant. They are allowed to talk to the tenant, and sell at any time.

committed - 2021-04-03 11:58:00

committed wrote:

Haha no need to get personal. It also says they're going to talk to the tenant. They are allowed to talk to the tenant, and sell at any time.

But what is in the notice is the reason for notice.

sparkychap - 2021-04-03 12:00:00

sparkychap wrote:

But what is in the notice is the reason for notice.

Yep the notice strongly suggests an intention to sell. The seller is allowed to sell. In fact, the day after the LL gives the tenant notice, the LL is entitled to tell the tenant that the property has sold! Landlords, like normal people, are allowed to sell. Before or after the 90 days is up.

committed - 2021-04-03 12:08:00

committed wrote:

Yep the notice strongly suggests an intention to sell. The seller is allowed to sell. In fact, the day after the LL gives the tenant notice, the LL is entitled to tell the tenant that the property has sold! Landlords, like normal people, are allowed to sell. Before or after the 90 days is up.

its not strongly suggests - it's a statement of fact. And legally it has to be.

sparkychap - 2021-04-03 12:10:00

Obviously some on here have nothing to do this Easter weekend, apart from arguing the toss either way. Poor people.

msigg - 2021-04-03 17:32:00

This message was deleted.

kittycatkin - 2021-04-03 18:15:00

msigg wrote:

Obviously some on here have nothing to do this Easter weekend, apart from arguing the toss either way. Poor people.

As flies to wanton boys are we to the gods; They kill us for their sport...

sparkychap - 2021-04-03 18:47:00

kittycatkin wrote:

I sell my house and buy another.

The new house is a rental with tenants in place.

I have to be out of my old house by date X. This will probably not be the same as the date upon which the tenants will be out of the new one.The buyer won't want to wait that long.

This is likely to be a total mess.

Only if you agree to the date/s.
Conditional sale on finding another house.

Plenty of people have used that, and some didn't end up selling, as they couldn't find one they;
a) liked
b) could afford
c) take over dates.

smallwoods - 2021-04-03 19:10:00

@ Sparkychap.
is it possible that Committed works for Tenancy Tribunal, hence being confounded at the issue of Notice ?

Edited by jethrocat at 10:56 pm, Sun 4 Apr

jethrocat - 2021-04-04 22:52:00

jethrocat wrote:

@ Sparkychap.
is it possible that Committed works for Tenancy Tribunal, hence being confounded at the issue of Notice ?

No confusion on my part. As I’ve said, the LL can sell at any time and can advise the tenant that they have sold soon after giving notice. The LL doesn’t have to wait 90 days to sell.

Edited by committed at 8:22 am, Mon 5 Apr

committed - 2021-04-05 08:20:00

committed wrote:

No confusion on my part. As I’ve said, the LL can sell at any time and can advise the tenant that they have sold soon after giving notice. The LL doesn’t have to wait 90 days to sell.

so you agree that the notice given in this example is unlawful.

sparkychap - 2021-04-05 08:30:00

committed wrote:

No confusion on my part. As I’ve said, the LL can sell at any time and can advise the tenant that they have sold soon after giving notice. The LL doesn’t have to wait 90 days to sell.

there is a saying: a sale is not a sale until the money is the bank

jethrocat - 2021-04-05 08:50:00