Ahhh this is soo similar to what happened to us, they told us that they wanted us out, they had the place on the market, so we prepared ourselves and got ourself a place to buy ourselves, and THEN they said that they wouldn't let us out of the lease, and that they never said that to us!!!! Bunch of baaaaarrrrstards. We had to pay for a month extra rent plus our mortgage on our new place because of them. GRR.
Have you called the Dept of Fair Trading? They will be able to advice you the correct legal terms of your current lease that your landlord needs to stick to. For example if you are on a continuing lease like we were either party (landlord or tenant) needs to give 21 days notice. Hope you get the answers you need. It sounds strange they are saying one thing but then backing away. Weird.
Our situation is slightly different in that we purchased a house with a sitting tenant and so have to wait till the lease expires in order to move in. In Victoria, we have to give the tenant 60days notice that the lease will not be extended. From that point onwards the tenant has to give us 14 days notice of vacating instead of the normal 28 days. I would check with the renting board (sorry can't remember the name) as you have recieved a letter stating the lease will not be extened wouldn't that be considered notice?
Sorry if I am repeating, haven't read all the responses in detail...
Basically: 1/ You are bound to stay out your lease, unless released by mutual agreement in WRITING. 2/ If you break the lease, you still nee to pay out costs for advertising etc. for new tennant until end of your lease. 3/ Selling the house means you are required to provide reasonable access to the property for inspections - it should be in your lease, have a read, it is the law and basically means allowing them access for 1 home open per weekend etc. You CANNOT refuse them ANY access for inspections despite you being the lease holding tennants. 4/ Any purchaser MUST take on your lease under current terms until the end of your lease period. At which time they can refuse to offer a new lease or increase rent.
HTH Sorry they are being PITAs, but like MD said - I would let them know they are bound by the lease, just as you are, and they can have 45 mins every Sunday afternoon, organised 2 weeks in advance, for home opens. GL
Ok, had further talks with them. They aren't going to put it on the market until the end of our lease and want to do some work on the house after we move out. The landlord has got leave in August to do all this to coincide with the end of our lease. We can leave anytime from the beginning of August.
It wouldn't be such a problem for us to pay for rent at 2 houses if we were both working, but we found out this place will be going on the market shortly after I quit my job...terrible timing really.
Also, we were given 89 days in writing so they are well and truely within the contract terms. It was a case of mis-understanding and the property manager giving us incorrect information (she doesn't seem to choose her words very well). She said they want to put it on the market quickly. What she meant but didn't say was "quickly after the end of our lease"
At least it gives us more time to pack and even have a garage sale before we leave to try to get rid of stuff we don't want to take with us.
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Sorry they are being PITAs, but like MD said - I would let them know they are bound by the lease, just as you are, and they can have 45 mins every Sunday afternoon, organised 2 weeks in advance, for home opens. GL
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