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Patrick H.
Patrick H., Lawyer
Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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I have a Consumer, trader and tenancy tribunal Notice of order

Resolved Question:

I have a Consumer, trader and tenancy tribunal Notice of order which is as follows:

On 31- Jul-2013 the following orders were made.

1. By consent, the residential tenancy agreement is terminated in accordance with:
.s 87 of the residential tenancies act 2010 as tenant has breached the arrangement.
failure to pay rent in accordance with arrangement.

2. By consent, order for termination and possession: the tenancy agreement is herby terminated, and possession is to be given to the landlord on 15 Oct 2013.

Is there any way the tenant can still have a right to our property after this date by trying to continue with paying rent, or because every order was given by consent that this will stand?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
The only way I can foresee that the tenant will retain a right to remain on the property is if you either enter into a new lease agreement or they appeal the tribunal decision.

With that in mind you should only accept rent payments for the period up until the lease termination date. If you accept payments after that time, that could raise the argument that you had effectively agreed to extend the lease, or to waive your right to enforce the termination order. If you did so by mistake you could argue the point and may succeed, but the safest course is to only accept rent for the period up until the date at which the tenant leaves.

If they now simply pay you the outstanding rent, that is simply so much as is owed and would not alter the fact that the tribunal has ordered the termination of the lease.

I trust the above assists.

Please rate my answer so that I can be paid by the website operator.

Thanks,

Patrick
Customer: replied 1 year ago.

I have spoken to tribunal and they had 14 days to appeal the order and that time has passed. Have let our agent know that we will not accept rent and it should be returned asap. Further to this we told the agent that they and the tenant should start following the order as set down by the tribunal.


Our agent has let as down and are failing to act in our interest. The tenant threatened that they were not moving out on that date. I understand we get a warrant from tribunal the following day and the Sherriff will evict them. Just wanted to make sure I am doing everything possible as this has caused more than enough grieve.


 


Thank you

Expert:  replied 1 year ago.
You appear to be acting just the way you ought in this situation.

Please rate my answer so that I can be paid by the website operator.

Thanks,

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4623
Experience: Dip Law LPAB - Sydney based lawyer
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