I have a rental property that was rented to person A. Person + 2 then 3 children also resided at property. Person A

Expert's Assistant chat
Customer: Hi I have a rental property that was rented to person A. Person B + 2 then 3 children also resided at property. Person A committed suicide in April 2021. We received bond back from that rental agreement. Person B + 3 children have continued to reside in property (with our permission) and have sporadically paid rent and water. They are currently 7 weeks behind in rent. Person B has continuing cancer treatments, no spousal income but some assistance from family from time to time. Because they have paid rent are they classed under law as tenant? We have decided to sell property. Where do we stand legally? do we proceed as if she is a tenant or how would we proceed? Western Australia
JA: Have you talked to a Western Australia lawyer about this?
Customer: No trying to get some advice online
JA: What steps have you taken so far?
Customer: In trying to remove them? none at the moment, would like to proceed correctly
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The people are nice and have kept the property well. However, having to continually chase payment for rent (we have had discussions about a lease agreement but with situation and continual non payment of rent, endless empty promises, we just want to sell the property now
Answered by John Melis in 5 mins 9 months ago
imglogo
John Melis
10+ years of experience
logo

73034 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
John Melis
logo
logo
73034 Satisfied customers
logo
10+ years of experience
imglogo
John Melis
10+ years of experience
logo

73034 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

Concerning this rental issue that you're having, where you cannot resolve it amicably with the other party, the best way to resolve rental dispute is in the process of mediation. You can utilise a local lawyer for mediation. Otherwise you could take the matter immediately into the magistrates court under their tenancy division.

Does this help with your question today?
Customer
If taking to magistrates court the other party would be treated as tenant, correct and therefore we would go through the process of serving notice to commence proceedings? We may not need to be just so that I know thanks
img

John Melis, Expert

Yes you are correct with your points.

You’re handling this matter very well.

If there is anything else, big or small, that I can help you with today, please let me know?

Does this help with your question today?

Customer
That's great thank you
img

John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
Customer
Liked “It was my pleasure to help you today, and I thank you for chatting with me.”
img

John Melis, Expert

I wish you a pleasant evening.
Customer
you too thank you
img

John Melis, Expert

Thank you kindly.
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer