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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am owner and landlord of an Adelaide hills property ca. 25

Customer Question

I am owner and landlord of an Adelaide hills property ca. 25 acres.I have rented this out to a family of seven. I have made a written agreement for the tenants to do as many improvements of the property as they see fit, the father being a keen and practical hobby
farmer. This agreement is on the basis of a very low rent ($110 p.w.) and me paying the costs of materials. The tenants have use of the whole farm, introduced various animals and cultivated gardens, improved the dwelling, renovated several rooms that had been damaged in a house fire in the late nineties. The family has thrived and the arrangement has been without friction. Renewal of the contract has been on a 12 months basis (written). The current contract runs out in December 2016. The contract has been always on the understanding that neither me nor any member of my family wishes to move in to live there, as all have other homes elsewhere in Australia and overseas. This understanding, however, was only verbal. On renewing for another year, I always took the line that, since there had been no change in this matter there was no obstacle to another 12-months contract. A happy arrangement functioning smoothly.
A change occurred this year. My youngest daughter aged 44, with Partner and 2 year old son, has been successful in getting a city based full time position.They live in the country, having over two hours drive to the work place, that is four hours plus every day. She soon found that the job (CEO of arts administration) is so onerous that she can go home only on weekends. She also found it necessary to rent a bedsitter (adding to costs) outside Adelaide to have a place to live. Her success is already a strain on the happy relationship with her partner. The couple effectively can only be together on weekends during the working year. My hills property is only*****from Adelaide and would provide an ideal solution to the present situation of this family, and my daughter has therefore clearly changed her mind re living on my place.
The prospect of seeing my grandson grow up on the old family farm has an added appeal to make a change beginning ON 1/1/17. It means that I have to terminate the present tenancy. And although this has been acceptable and good for both parties, my priorities are clear to me that I have to give notice. My question to you is not only when is the appropriate time (The contract ends on31/12/16) but also for advice on step by step instruction regarding my role as Landlord. While I do not foresee trouble between the friends that we are, the fact is that this family is very happy indeed on my property, and will be unhappy, probably angry, to have to move out,notwithstanding their own house and block in nearby Mount Barker, currently also rented out. Nothing has been spoken to date, except between myself and my daughter and her partner.
I want to rersolve this in the best and fairest way, with minimum pain to each party.
Please instruct,
Many thanks in advance
RKH
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.You have to issue them with a form 4b28 days before the tenancy ends.Here is the formhttps://www.sa.gov.au/__data/assets/pdf_file/0018/75321/Notice_by_tenant_end_of_fixed_agreement.pdfIs there any way that both can live on the land as a compromise?