LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Unlawful Action by Tenant's Lawyer During Property Settlement?

Discussion in 'Property Law Forum' started by geoff Hourigan, 27 November 2014.

  1. geoff Hourigan

    Joined:
    27 November 2014
    Messages:
    3
    Likes Received:
    0
    I was purchasing a unit & was negotiating with the tenants an early termination of their lease when out of the blue the tenant engaged a lawyer to act for them. The lawyer then got himself in between my lawyer & the sellers lawyer & demanded I was not to receive all necessary copies of the lease agreement or a key to my new property on settlement. There lawyer instructed or demanded the managing agent not release the above to me.

    This held up settlement & I have not received this important information or the key. On investigation I can see their lawyer & the managing agent have breached legislation here in Qld by not complying with the Residential Tenancy Act 2008.

    Has this lawyer, tenant & managing agent broken the law & can they be held accountable for this unlawful action? What action can I take to have them punished for them interfering with what has nothing to do with them with malicious intent?

    This is not the other side's lawyer, it is the tenants lawyer. Not at all invited or expected to be involved in the purchase settlement.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,146
    Likes Received:
    256
    As you already have a lawyer, he is the one best placed to give the advice you need as he has all the facts and timeline.

    It seems you will have case if the tenant and their lawyer have acted illegally and you can apply to have costs awarded against them if this is proven. The same may apply to the managing agent.

    Have you settled on the property (Ie is it now your property)? Not sure what the law is when there is an existing tenant when you purchase/settle property in QLD.

    Have your lawyer send the offending parties a strongly worded letter asap and mention they will be liable for all your costs if you win case at court.
     
  3. geoff Hourigan

    Joined:
    27 November 2014
    Messages:
    3
    Likes Received:
    0
    thanks for your input, advice.
     
  4. geoff Hourigan

    Joined:
    27 November 2014
    Messages:
    3
    Likes Received:
    0
    yes I have settled on the property but do not have a key to it or copies of an existing lease agreement.
     

Share This Page

Loading...