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QLD Property Law - Where to Find a Notice of Termination?

Discussion in 'Property Law Forum' started by Sez., 23 January 2016.

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  1. Sez.

    Sez. Active Member

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    I need to give the buyers of my property a notice of termination of contract form, however, I can't find a template anywhere. I have found a notice of default of instalment contract (which has already been given to the time of default), but the notice hasn't been satisfied in the stipulated time period, therefore, it's time to terminate the contract and have them vacate the premises.

    Can I just knock up any old letter stating it is a notice of termination for failure to comply with default notice or is there a specific form somewhere I have to use so it is legally binding under Property Law? If so, what it is called?

    Also, does this letter get sent by registered post or do I need to employ a sheriff to deliver it?

    Thanks in advance.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Sez.

    Are you evicting a commercial tenant? Or terminating a real estate sale/purchase agreement? I know that there is no official form for a Termination Notice for terminating a commercial lease agreement. You can simply draft one yourself which will constitute effective notice of the termination.

    I assume the situation would be the same for terminating an instalment agreement. The agreement itself may also stipulate how you can terminate the contract after you have served a default or remedy breach notice (and it has not been complied with), this may include serving a notice of termination or it may involve simply re-entering the property. Read your agreement carefully and see.
     
  3. Sez.

    Sez. Active Member

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    Thanks, Sophea! That was really helpful!

    It's to terminate a residential property under an instalment contract. The agreement says I am able to give 7 days notice of termination, however it doesn't state in what format and it also doesn't state how it should be delivered, according to the law. I think my best option is to provide 30 days notice (as stated in the property law act) via a simple letter, delivered by registered post. Is this on the right track?

    Also, are you able to tell me, if they fail to vacate the property within 30 days, do I just apply to the Supreme Court to obtain a court order to force them out? The agreement also doesn't include this much detail.

    Thanks
     
  4. Sophea

    Sophea Well-Known Member

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    So you have served the notice of intention to terminate, requesting that they remedy the breach am I correct? And they have not remedied it?

    Then you are in a situation where you have taken steps required by legislation in order to terminate the contract. Therefore, I would think that the 7 day termination notice period would be adequate. However if you are feeling charitable and wish to be super duper safe, then it's fine to give them an extra 30 days as their termination notice. After that, you can walk in and change the locks. In your termination letter I would state that - "Having regard to the Notice of Intention to Terminate and their failure to remedy the breach of contract the subject of that notice, then you are exercising your right to terminate and this will be effective on X date, at which time you will be exercising your legal right to re-enter the property and changing the locks."

    I am guessing that this is a failure to pay an instalment, not the deposit? A failure to pay the deposit would give you an unrestricted right of termination.
     
  5. Sez.

    Sez. Active Member

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    Yep. I sent them a Notice of Default under Instalment Contract back in December 2015. This stipulated that if they failed to remedy the breach within 30 days the contract will be terminated effect immediately. I have now drafted a Notice of Termination for failure to comply with the notice of default. I have included the draft that I have completed, which now includes your suggested paragraph.

    Dear XYZ,

    Re: Notice Of Termination For Failure To Comply With Notice Of Default Under Instalment Contract

    Take notice that you have not remedied the breach from the prior Notice of Default under Instalment Contract, dated 123, for the property described as ABC property, whereby you were required to satisfy the notice within 30 days.

    According to Section 9.1 of the Instalment Contract, If the buyer fails to comply with an Essential Term, or makes a fundamental breach of an intermediate term, the Seller may affirm or terminate this contract.

    Furthermore, in Section 9.4 of the Instalment Contract, If the Seller terminates this contract under clause 9.1, it may do all or any of the following:

    (1)Resume possession of the property;

    (2)Forfeit the deposit and any interest earned;

    (3)Sue the Buyer for damages;

    (4)Resell the Property.


    Having regard to this Notice of Default under Instalment Contract and your failure to remedy the breach of contract the subject of that notice, the Seller is now exercising their right to terminate the Instalment Contract, which will be effective on 29th February 2016, at which time the Seller will be exercising their legal right to re-enter the property and change the locks.

    You are required to vacate the property of yourselves and your possessions by no later than 5pm on 29th February 2016. You must leave the property in good and proper condition upon exiting and leave all access keys behind. This includes all keys for doors, windows and for the entrance to the building complex.

    If this notice is not complied with, further action will be taken.


    Notice given by:

    £ Mailing it to the buyer via Registered Post(allow 4 working days for service)



    Seller/Vendor Signature: …………………………………… Date Sent: ……../…..…/……..

    Name of Seller/Vendor:………………………………………

    Contact phone number of Seller/Vendor:………………………



    I wanted it to be thorough so that hopefully we don't have to go down the avenue of obtaining a court order to remove them and if we do, it won't come back to bite us for not including something or other in the notice.

    Thanks, Sophea, your guidance is very much appreciated!
     
  6. Sophea

    Sophea Well-Known Member

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    Looks good
     
  7. Sez.

    Sez. Active Member

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    Thanks so much Sophea!
     

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