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I am about to sign a new 12 months lease with someone I know…

I am about to...

I am about to sign a new 12 months lease with someone I know nothing about, except that he purchased the unit I have rented for the past 4 years.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

NSW. Is there any way I can run a check on him? All I was told when he purchased the unit is that he is Australian and lives in North Bondi. But his emails read as though they had been prepared and put into a PDF, which is strange.

Lawyer's Assistant: Has anything been filed or reported?

I don't understand what you mean by this question.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The only other thing is that he must have been away for a few weeks, as he did not reply to my email asking for a new lease. His email address is with gmail, and I would have thought that he would have a more substantial internet provider than that, i.e. one he has to pay for.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

OK.

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Answered in 8 minutes by:

1/20/2017

Solicitor: Leon, Solicitor replied 6 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Good Afternoon

I am confused what is your question? May have gmail addresses as that avoids them having to change emails if they change ISP's

Customer reply replied 6 years ago

My worry is that he is not a real person. I should also mention he purchased this unit in June 2016 - I am due to meet him to sign the new lease on 28/1/17 here at the unit. The wording in his emails were inserts , and when I tried to do a control C copy they would not copy, and there was always a delay in his sending replies of approximately 11 hours. It is as though he was in another country.
His emails over the past week are different, and more businesslike. The amount of money invoved in this lease is $33,540 (a year's rent), and my concern is that if he is not legitimate I will still be left having to pay this amount but with no home.No, I can't afford to call you, and wish to continue with this internet session.

Solicitor: Leon, Solicitor replied 6 years ago

When he bought the unit did you get a letter that he was not the owner and you have to pay him rent?

Is it a commercial lease?

Has your original lease expired?

Customer reply replied 6 years ago

McGrath were my landlords, and they did not send me a letter (although they said they would when I rang them about how the changeover would go). My lease expires on 23/3/17. After that phone call with McGrath I received an email from Benny Rozen telling me to pay the rent direct to him, which I did and this has now continued.

Solicitor: Leon, Solicitor replied 6 years ago

They were the agents for the landlord and when the property was sold they should have told you that there was a new owner and to pay all rent to them.

Until 23/3/17 you have a lease. You do not have to sign a new one and they cannot force you to.

This is the new landlord.

Sign nothing and the new lease should start when the old one finishes. Also make sure that your bond is transferred to the new landlord by McGrath.

McGrath should also be able to tell you who the new owner is as they would have received a letter.

I hope this makes sense and is of assistance.

Customer reply replied 6 years ago

Benny Rozen emailed me that the new lease will be the standard NSW Residential Tenancy Agreement.

Solicitor: Leon, Solicitor replied 6 years ago

I understand that but you have an existing lease and he has to accept it he cannot force you to terminate that lease. It is assigned to him by the old landlord and he has to accept it.

If you are not happy with the new lease you can seek changes. But you have a lease until the end of March.

Customer reply replied 6 years ago

Thank you for your reply. I should have said that this new lease I am due to sign on 28th will be from 24/3/17 till 23/3/18. My existing lease is continuing until then, and Benny Rozen is not trying to force me to sign a new lease which overrides my existing lease.Also, I note that I now need to ring McGrath, which I will do.

Solicitor: Leon, Solicitor replied 6 years ago

You have every right to change the lease.

It is a negotiation.

You do not have too sign anything until you are ready.

Why is he wanting to do that? What is the difference between them?

Customer reply replied 6 years ago

It is me who is wanting to sign a new lease from 24/3/17 until 23/3/18.A few days ago Benny Rozen emailed me that the new lease would be the same as my existing lease, and would be the Standard form Residential Tenancy Agreement NSW.

Solicitor: Leon, Solicitor replied 6 years ago

I understand that but you said he wants a lease to override the old one. If it is the same as the old one, you are bound to pay him anyway and the new lease can start from the end of this one.

Just take sure the bond is transferred and you have confirmation of that and ask McGrath for the pre-rental inspection you did.

All the best and good luck. 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.

Regards

Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Leon and 87 other Australia Law Specialists are ready to help you

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Customer reply replied 6 years ago

Hi Leon, Thank you for your good advice about 'Change of Managing Agent'. I rang the owner and McGrath who both blithely said the change had been done, but when I rang the Dept of Fair Trading, they said the change had not been done, and McGrath are still the managing agent. So, you were right, and hopefully this will be rectified in time to avoid a long delay in my getting my bond back.

Solicitor: Leon, Solicitor replied 6 years ago

Good Morning.

You are very welcome and I hope it all gets resolved.

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