Q: THERE IS A TENANT IN THE PROPERTY I WISH TO PURCHASE, BUT I WANT TO MOVE IN

A: Good question Alex. From what you've told me in conversation, you are in a tricky situation because the tenant's rights to occupy the premises over-ride your rights as a purchasing owner of the property. The tenant cannot be forced to vacate during the term of a valid lease.

Of course the question is whether there is in fact a valid lease. As I understand you have a good case to claim that the lease is NOT valid, on the following grounds:

• The dates referred to in the lease are inconsistent, in that the date that the lease ends occurs before the date that the lease starts. Obviously a mere typing error.
• The term of the lease (24 months) does not correspond to any of the dates referred to above
• The tenant would appear to have breached the lease by being behind in rent
• The tenant would appear to have breached the lease by subletting the property to another family without the landlord's consent

As a result, you have a right to appeal to the Rental Tribunal for a hearing as to your rights to evict the tenant. If you prepare your case well, you have a good chance of success.

You would be well advised to proceed as thought the tenant has the right to remain in occupation until the end of the lease, just in case the tribunal hearing goes against you.

In the event that you proceed to purchase, read up on the latest changes to the tenant's rights. Your position could be very different at the end of the lease in 2 years' time. As at today's date, the rules governing how many days notice the tenant is entitled to be given if you would like to move in vary between 14 and 60 days, according to how long the lease has to go before it expires.

Please remember this advice applies to New South Wales Residential property only. To confirm your particular circumstances, please contact Liberty Conveyancing