Hi there, if there are no contracts/ written binding agreements in place (rent, rates, or otherwise), then there is no legal requirement for him to pay the rates, or anything else, even though that is perhaps 'morally' unappealing to most folk who have a sense of 'fairness'. If property owner wishes to begin asking for certain costs to be paid, then its time to put it in writing and make it legally binding. All the best.
The fact he moved out in Oct has muddied it for me. Your mum really should have told FOB she wanted X amount before he moved out. But I think I stand by my previous comment - even if he gives her a portion. And your mother can def pay 3 monthly. Have her do that. Makes no sense to pay for the whole year.
I would say neither pay the bill LOL. The Rates adjustment will catch up with you at settlement LOL. So your mum will just have to "pay" it in settlement
But if it were me, if FOB moved out in October, I don't even know why your mum is contacting him about a current bill. Moved out, finished, done. He is probably paying rent etc elsewhere now, so has other expenses other than paying her rates for a place where he no longer resides.
Taking emotion out of it.
Correct me if I'm wrong but:
**the "tenant" is moving out mid January when settlement occurs?
**The rates notice will be the January to March bill?
So effectively the tenant will only be there a couple of weeks of the quarter?
And the owner broke the tenancy agreement by not providing sufficient notice?
With this I would say that the tenant shouldn't have to pay the few weeks owing into the quarter as compensation for the break in the tenancy agreement.
If the tenant isn't there at all in the quarter then no they shouldn't have to pay anything either
The owner shouldn't worry about paying either as it will be dealt with at settlement and balance will be adjusted out of sale
In my area rates are sent at the beginning of the financial year and due in August. When you opt to pay quarterly they are effectively giving you a loan. So they are still due in (my area) august but allow you to pay them off. Kind of like buying furniture at Harvey Norman on store finance. They let you take the product home and don't take action for non payment because you have agreed to make regular payments throughout the year on something that should have been paid straight away. So even though an installment might be due in December it was actually due (in my area) back in August. Not sure if you understand, or if I explained it right.
Eta: So say fob does pay, based on my area using a made up annual rates value of $1000(because that's easier than the actual value) he should pay his share being $166. Again based on my area being due in August and him moving out October.
Last edited by DesperatelySeekingSleep; 17-12-2015 at 17:29.
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