[Kim Mitchell]

Council has several properties we are looking to sell for unpaid rates and charges in the near future.

The properties are vested with ORIC as they are deregistered Aboriginal Corporations and they are aware of the situation.

Some of the properties are I believe tenanted. Who is responsible to rehome the tenant?

Is there any legislation in relation to this.

Help would be appreciated

With thanks
Kim

[Ian Clayton]

Hi Kim,

There might be some different views on this across the industry, but We at MWRC have sold several properties over the years that were tenant/owner occupied. We did not take any action to evict or rehouse the occupants, but had clauses in the contract that vacant possession was not guaranteed. Essentially making it the purchasers issue.

The provisions of the LG Act are silent on this, and I’m not aware of any legislation that requires Council to act.

However, I know other Councils have taken steps to remove residents (EG Tamworth had an example some years ago I think). Your situation sounds more complicated than our experiences that were single properties. I don’t think there’s a problem if Council wants to assist the residents but I don’t believe you’re required to.

Cheers
Ian

[Kim Mitchell]

Thank you Ian much appreciated

[Seon Millsteed]

Hi Kim,

At our last SOL we did have to remove a resident, and our contact stated we would provide vacant possession.

Fortunately for us, he complied with the eviction request and the real estate agent we engaged was able to gain new accommodation.

Sorry to say this but this will be a good test case for everyone going forward.

Thanks Seon

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