Just bought our family home.

**lisaandshaun** · January 7th, 2013, 04:38 PM

Hi, i am after advice/assistance.

We just purchased our home and are due to settle on the 15th feb 2013. The issue is the house is leased our until 1st May 2013.
I am currently pregnancy and due start of april and would love to be in the house before bubs comes along (house is a block away from the hospital)!

Is there any way we can end the current tenants lease so we can move in asap??
(the house was purchased and leased through the same real estate agent)

Thanks in advance.

**Phteven** · January 7th, 2013, 04:41 PM

Congratulations.

In the ACT the landlord can break the lease if they will be moving into the home but they do have to give quite a lot of notice.

**lisaandshaun** · January 7th, 2013, 04:45 PM

That would be handy. i should have mentioned we are in Victoria.

**BellyBelly** · January 7th, 2013, 04:46 PM

I think its 60 days notice here?

**Joski** · January 7th, 2013, 04:58 PM

How exciting, congrats on your purchase!

Leasing and landlord obligations vary from state to state. In Qld we have the Residential Tenants Association and they provide advice to tenants and landlords alike.

May be worth trying to contact the association in your state - could be helpful.

**Hansie** · January 7th, 2013, 05:19 PM

In short no without the tenants agreement. We had the same problem I was pregnant when we purchased our now home 2 years ago.
If the house is sold with a lease attached the tenants have all the rights. You can offer them money for example two months rent to move by the settlement date but it's totally up to them. We did the above but the tenant refused. They wanted the money but without the clause of moving by settlement we declined. In the end we moved when DS was 8 wks old.
I do hope you find away or they accept an offer. My only advice is if you can't get in before bub is born is to do as much packing prior to birth. It maybe a pain with all the boxes etc but I had SPD & DS2 was a big baby (ie I was huge) & decided to wait. This wasn't the best decision in my case as we didn't get that honeymoon period I was packing from the day I got home. DS2 wasn't a baby that just fits in lol.
Good luck very exciting still new baby & home x

**FabFiona** · January 7th, 2013, 06:27 PM

This should cover it.

http://www.tuv.org.au/articles/files...S_R_042010.pdf

You can give them 60 notice to vacate but you must do it within 14 days of your settlement. There is probably a form on the Consumer Affairs Vic website.

**lisaandshaun** · January 7th, 2013, 06:56 PM

i read it as we can give notice as long as the property was sold vacant. which it wasn't. It was sold with a lease agreement in place until may. Might give the tenant union a call tomorrow and see how i go.
Thanks for your help.

**leesha** · January 7th, 2013, 07:23 PM

We bought our property 3 yrs ago in vic and it was being rented at the point of sale. We wanted 30 days settlement but had to give 60 days. That was the law then not sure if it has changed but I don't think it has. I have friends building atm and their landlord wants to move back into their rental and they have been given 60 days notice!

**lisaandshaun** · January 21st, 2013, 07:07 AM

So an awesome update. The current tenants are moving out end of feb into their mothers house! It now means we get to move in three months earlier!! All we said was if you want to move out earlier then there will be no lease cancellation fees!!