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NSW Am I Still Able to Collect Rent Under Property Law?

Discussion in 'Property Law Forum' started by Tony 06, 18 June 2016.

  1. Tony 06

    Tony 06 Member

    18 June 2016
    Likes Received:
    I rent out a property to a distant family member and I fell on hard times and received a Notice to Vacate.I managed to turn things around with hardwork and help from a close family member and saved my property from foreclosure. The Notice to Vacate was cancelled.

    My tenant was advised this roughly a week before the Notice to Vacate and possession of property. They are in the process of moving out. During the last 5-6 weeks, they have not taken care of the property or pay rent.

    I understand that if the legal notice went all the way through and I lost the property then, the following could have happened,I quote from fact sheet tenants Nsw

    Factsheet 21: Mortgagees and tenants - Tenants NSW

    The mortgagee may make a demand for rent under the Real Property Act 1900.

    You should check that the mortgagee is registered – do a title search at NSW Land and Property Information Get advice from your local Tenants Advice and Advocacy Service before paying the rent.

    If the demand is from a registered mortgagee, you should:

    • provide a copy of the demand letter to the landlord/agent
    • pay the rent according to the demand
    • get, and keep, a receipt for every payment.
    In this situation receipts from the landlord or real estate agent do not work – you owe the rent to the mortgagee."

    As my bank did not make a demand and the eviction and Notice to Vacate did not go to term, am I able to still collect rent and unpaid water account and seek costs to damage to my property?

    There was no rental agreement or bond paid.

    What is my legal standing under property law in this situation?

  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    As you still own the property, damages belong to you. Tenant needs to pay water.

    wrt to rent. Depends.

    Was there a supreme court order made for possession? Was rent paid to the mortgagee?
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