Apr 26 2016, 03:27 PM
QUOTE(airtawarian @ Apr 19 2016, 11:32 PM)
No. The new purchaser still have to abide by the Tenancy Agreement. You must understand once a document has been signed by the parties, it is valid, binding and enforceable. If you want to be secure, just put a caveat on the title deed. Ask your lawyer for advise. Unless your lawyer don't know the law.
To be honest, I don't know the law and the application of it but i just read up and learn because am interested rent out my property in future...Unless the tenancy agreement is novated in favour of the tenant, the purchaser doesn't take note or need to abide by the tenancy agreement. the reason is simple because the purchaser is not a party to it.
Tenant may protect his interest by endorsing his claim on the registered document title of the Landlord/Owner (s.316).
From what i gather, as long as you have interest in land, you can lodge a caveat on the property. It may protect your interest but it will only last for 6 months and extension needs approval. Also, the wrongful lodgement of a caveat may attract sanction from courts.
Interesting though, never thought of caveating a property because a tenancy is under threat.
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