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Our rental property has been rented to a relative for a few years, no tenancy agreement. There are arrears due to missed and short rents. They both work, my relative is the female. Arrears were circa $2800, been reduced to $1800 last check. I am done with this emotionally. Close relative, so I do feel extremely hurt and used.
While there is no Tenancy Agreement, do I have any coverage under the Act? There is evidence that a rental exists, so I assume Specific Performance will apply. Documentation of the arrears are in a spreadsheet, and we have one bank account for the property. I have told the relative that they have to find a new place. Things have become heated, so we are not talking, although I do know they have asked my daughter if she will move in once they move out. Whether the rents cease or fade until they move I have no idea.
I gather if the house is to be sold, or we move in, the notice is 42 days. That there are arrears, does this mean a break of contract, and allows an immediate eviction? No, I will be reasonable, subject to what happens with the rents from now on. I'd certainly hate a situation of having to evict them with a bailiff.
Any advice will be very much appreciated.
