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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 was wondering if you could clarify the time frame to leave

Customer Question

My name is ***** ***** I was wondering if you could clarify the time frame for notice to leave premises? The party involved does not pay rent and has been in the property for five years.
The arrangement has been that in return for free rent, phone paid and one third of the power paid, the party was to caretake the property (rural).
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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.

Is this under a residential lease or a commercial lease for them to run the farm?

Is it a fixed term lease or a month by month lease?

Customer: replied 1 year ago.
no lease at all
just a caretaking arrangement.
Expert:  Leon replied 1 year ago.

Good Afternoon

What does that caretaking agreement say?

If you want to email it to me can you send it to***@******.***

Customer: replied 1 year ago.
no written agreement just a verbal arrangement
Expert:  Leon replied 1 year ago.

It will be your word against theres what the agreement was

Generally the notice period when they are not paying rent is 14 days.

You send then a notice requesting the rent be bought up to date in 14 days or you will take possession and evict them.

If they refuse then you will have to take the matter to Court not QCAT. QCAT may not have jurisdiction. It will have to go to the Magistrates Court.

Customer: replied 1 year ago.
you say you are not giving legal advice?? do you mean that your advice is general in nature BUT surely it will be as you understand the law?
Expert:  Leon replied 1 year ago.

I have provided you with the information based on the law.

It is not legal advise as such because you are not my client.

But it is general legal information that you can use and apply.

Customer: replied 1 year ago.
You are missing my point - there is no rent involved, I just want my property vacated.
Expert:  Leon replied 1 year ago.

What was the arrangement with them?

What terms were they to be staying there?

Did you stipulate a time?

Customer: replied 1 year ago.
No there was no time frame involved
The terms were that the caretaking of the property involved checking the waters and stock and putting out lick in return for free use of the house, we paid for the telephone and we paid one third of the power.
Expert:  Leon replied 1 year ago.

Good Afternoon

One last question. How long do you believe it would take them to find alternative accommodation?

If the courts view this as a residential tenancy you could be required to give them 2 months notice as it is not a fixed term lease.