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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42341
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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The premises I was leasing have been sold, but prior to

Customer Question

Hi the premises I was leasing have been sold, but prior to selling I had a month by month rental with the previous owner. last week a real estate agent turned up wanting to know did I want to continue to rent the property and had an old copy of a lease that had finished with another company last October and said the new owners were happy to continue and I explained that company was nothing to do with me and I could not pay the 2750.00 per month that this so called agreement had on it so I asked for a couple of days to think about a reasonable rental price. well today the estate sagent has turned up with a bill for 2750 for the last monyh of rental, we have made no negotiation there is nothing in writing and I am only willing to pay 200.00 per week, but I would like to move into another commercial rental which is only 1100.00 per calendar month. the main issue is the property settled around the 12th of April and I have had no contact with the people who had purchas the property till th
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Good Afternoon

My 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 advise but a guide to assist you.

You cannot say they have nothing to do with you. Once the property is in their name you have to pay them the rent and the current owner being your landlord will instruct you too and you cannot refuse.

While you are in possession even though your lease has ended you are still able to pay the rent on that lease as a month by month tenant.

As the lease in n=month by month you can give notice and move out at the end of the month.

The agent is the party that is managing it and they have the right to deal with the property. If you have been deal wig with the agent all along it is to the agent you give notice and make sure it is in writing. Until you leave you are liable to pay rent as per the old lease and you have to comply.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 4 months ago.
Hi Leon,
there is no lease as the last owner and I had a month by month agreement, and as you know a monthly arrangement would mean a new lease each month I object to the real estate guy producing an old agreement that is nothing to do with me and saying I have to pay this much... he could have produced a document that said I had to pay 3000.00 per month because that is how much someone else paid in a past life..this is not fair
Customer: replied 4 months ago.
I have also told the realestate guy I was paying 1500.00 per month when he was here this morning.
Expert:  Leon replied 4 months ago.

Good Afternoon

So the agreement was verbal?

Do you have evidence of the payments? Cheque butts, EFT Statements?

The old agreement was that what you were following but the rent reduced to $1,500.00?

Customer: replied 4 months ago.
we had a verbal agreement on a monthly basis, for the 1500.00 a month.
the purchasers of the property have made no contact with me at all a month has passed and I have not paid anyone anything
as I didn't know who purchased the building and now this realestate guy has turned up stating I need to pay 2750.00 for the last month, I want to know where he came up with this figure as I have negotiated with no one.. I am not looking at staying as I have a more suitable property in a better location for less rental. Do I have to pay the amount he has produced from no-where I have even spoken to the old owner and she said it is confidential and she will not disclose what she charged, this is a pretty small town so everyone knows everyone, so she wants confidentiality..
Expert:  Leon replied 4 months ago.

Good Afternoon

You should have been given a letter from the old owner that all rent is now payable to the new owner and the new owners name.

When was the last time you paid and what do you say you owe?

The old owner and the new owner should have adjusted the rent on the date of settlement.

You have to contact the old owner and find out when they settled. You can the work out when you were paid up to and you are liable them to pay from the day you were paid up to only.

Customer: replied 4 months ago.
There has been no letters passed between the old and new owners of the building,
and I cant see why I have to pay for the new owners in action of not discussing the new lease or the amount to be paid, as I didn't know who they were( i still dont) but they certainly knew where to find me....
Expert:  Leon replied 4 months ago.

Good Evening

The letter has to come to you from the old owner. Not between them.

The law makes you liable to pay rent to who ever the owner is. Changing of owner makes no difference to that.

They cannot make you pay more. But you have to pay the rent.

You do not have to discuss a new lease. You only have to pay what you had agreed with the original owner. If you don't the new owner can evict you and lock you out.

You have to contact the old owner and ask for the details.

If they have appointed and agent ask the agent for the letter telling you who the new owner is and that you have to pay the rent to them.

You are still liable for rent and if you do not pay it, as I said they can lock you out.

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