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:
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?
Thanks
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.
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?
Thanks
