NSW Notice to Vacate for Tenants with Four-Year Lease?

[Paradigm]

My wife has a disability support pension and I have a carer pension. We are renting a house in Sydney. We moved into the current property as tenants in June 2015.

On the lease application I was asked to state the desired tenancy term for which I stated 4 years. The application was accompanied by a letter outlining my wife's condition and the reasons why we needed a secure living arrangement for the term stated in the application. My wife's diagnosis is Alzheimer's disease which was declared in February 2011. The four year term was a projection based on expected span where home care can be maintained before the inevitable progression into full time institutional residential care.

We moved into the property under the understanding that the four-year term requirement was understood by the land agent and the landlord, and their offer of tenancy to us was based on that understanding, in good faith.

We have now been advised that the property is to be listed for sale, and that twice weekly viewings by prospective buyers will commence shortly. Being familiar with this situation from past experience, we know that as soon as the deposit has been made on the sale, we will most likely be given 30 days notice to vacate. Needless to say, the emotional stress placed on my wife is significant, and she is now in constant fear of the phone ringing and people knocking on the door.

I will have to organise temporary residential respite for my wife across the six to eight week viewing period as she could not possibly cope with dozens of strangers invading her home.

Is there a legal precedent on a matter such as this under property law?

 

[Rod]

If you have a signed 4 yr lease you remain in possession until 2019 however you may need to register the lease to protect your interest asap.

Might pay to register the lease on the title through a lawyer or conveyancer to help protect your interest.

You may be able to do a deal with the new or old owner that benefits you whereby you get something in return for agreeing to move early.

BTW : Real estate agents/landlords and good faith do not always go together.

 

[Paradigm]

Don't think I've ever heard of a four year lease. We were only offered six months, but managed to negotiate 12 months. The 12 months was up 17 months ago.

My question was, whether the offering of a tenancy, irrespective of the term on the lease, was an offer in good faith based on the requirements as stated on our application and the reasons stated in our accompanying letter. Does this constitute a contract, or is this something that would need to go to the High Court to challenge the nature of all residential tenancy agreements Australia wide?

 

[Rod]

You accepted a shorter term lease, I don't think you're likely to win any challenge. But then again I don't have all the facts either.

 

[Rob Legat - SBPL]

No, it's not. There's a variety of reasons:

- When the question was asked about how long you wanted the tenancy for, it was unlikely that the context was in the same vein as in which you answered it. This is particularly if the form gave examples of terms, or a range.

- Your filling out of the form is likely to be what's called an 'invitation to treat'. You were essentially asking the landlord to offer you a lease, which they did, and you accepted that offer - albeit for a lesser period. They were not prepared to offer you a 4 year lease, so while you may have expressed your desire to have one of that length they are under no obligation to offer you one.

- Your acceptance of a lease for a period less than the 4 year period may also be deemed as an acknowledgment that you would not be guaranteed to be able to stay at the property for the 4 year period.