You review your application and find out if they accept a common rent. All tenants must sign a new lease if the lessor accepts the joint tenancy agreement. A tenant cannot transfer the tenancy agreement without the written agreement of the lessor (to give in). The Housing Authority conducts identity checks when you sign up for a new lease or if you transfer or exchange real estate. This is also good news for the sellers, who could have been liable for the damage to the tenant if the lease had not been transferred, since the rented apartment could no longer be made available to the tenant. (3) The transfer or sublease of all or part of the leased premises without the lessor`s consent is invalid, unless VCAT has established that no consent is required. Common tenants must write to the landlord and confirm that both agree to the change in the tenancy agreement. If the landlord accepts the rent change, a new lease must be signed. For buyers of real estate, the decision of course implies that a thorough due diligence must be carried out before the acquisition, especially with regard to the leases that weigh on the object of the sale. In addition, the prudent buyer of an investment property will require a guarantee on the rental index and the validity of the leases on the property.
Finally, the buyer who intends to use the property himself receives insurance from the seller as to the absence of leases. If this insurance proves to be incorrect, the buyer can claim his own use of the property and terminate the rental agreement with the tenant at the next legal termination date (s. 261 al. 2 bed a CO). In this case, the buyer is responsible for the damage suffered by the tenant, but should be able to pass it on to the seller on the basis of the insurance received. In the right to rent, the principle is that, in the case of a land sale, a lease agreement is usually transferred to the purchaser of the rental property. In practice, this provision is generally unchallenged, as the interests of the parties are coordinated: an investor wishes to acquire the most laudable property possible and the tenant wishes to continue to use the premises he rents independently of the person of the owner, even after the transfer of ownership.