Tenant in Victoria wants to renew lease. Expiring lease was 12 months, tenant wants to renew for 6 months. I am not happy about new lease expiring just before Christmas. I suggested to PM that the lease be 7 or 8 monthsif not 12. PM informs me I have no say in how long a renewed lease can be. It is whatever the tenant decides. Can anyone confirm this?
What???? It's your house. Not the tenant's house!
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Hi,
agrees that it is your house and you are the decider as a common sense approach. However, better to check the legislation. Think this might be helpful..as i found some legislation website for myself in there. leached it from another thread within this forum.. so credit to that person and his contribution.
http://blog.rentwise.com.au/index.php/2010/05/24/free-forms-and-resources-for-self-managers/
It also sounds like the current PM is not too concerned about your plight and is working for himself rather than you. So You might also want to speak to another PM in your area to seek their view.. he/she might even be able to give you a better deal?
T
Here is a link to the Victorian Residential Tenancies' Act 1997:
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/According to section 26 of the Act, all written tenancy agreements must be in a standard form. A copy of this standard form can be found here:
http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Forms_Residential_Tenancy/$file/TenancyAgreement.pdfThe only limitations on a tenancy agreement is if it is either less than 60 days in length, or greater than 5 years. The Act does not specify that it is up to the tenant, or that it has to be either 6 or 12 months in length. This is a furphy. Sounds like your property manager is a lazy bugger who just wants the least amount of work for their money. I'd be looking elsewhere if I had been given this info by my PM!
Good luck!!
Hi Chris
I'd definitely get a new Property Manager. You have been fed a load of rubbish. Sure, ultimately you and the tenant will come to some form of agreement, even if that agreement is that the tenant leaves. But no where in the legislation does it say that the tenant can dictate the length of the lease.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Chrisfromhastings wrote:Tenant in Victoria wants to renew lease. Expiring lease was 12 months, tenant wants to renew for 6 months. I am not happy about new lease expiring just before Christmas. I suggested to PM that the lease be 7 or 8 monthsif not 12. PM informs me I have no say in how long a renewed lease can be. It is whatever the tenant decides. Can anyone confirm this?Hey Chris,
The reality is that the tenant can refuse to sign a new lease, roll over to a monthly and then serve notice to vacate a month before Christmas. Only way you can force the tenant’s hand is to get them to sign a lease of whatever length or kick them out.
Why not have a chat to the tenant directly and get a sense of what they’re planning. Maybe they’re hanging out to buy their own place, or about to move overseas or back in with family, so it will give you a heads up about how much time you’ll have until they’ll leave and you can plan accordingly e.g. start searching for a new tenant 4-6 weeks before the tenants will go.
On the other hand, the tenants may simply be uncomfortable to sign up for more than 6 months. Why not offer an incentive like $5 less a week if they sign up for at least 9 months. If this prevents the property being vacant for more than a week or so during Christmas time, this will save you heaps and is well worth the small sacrifice in rent (unfortunately I learnt this the hard way!).
Cheers,
Kate
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