All Topics / General Property / PPOR in Victoria and RTA

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  • Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

    According to the the residential tenancy act if the landlord intends to resume occupancy of the premises on the termination of the tenancy agreement the Act does not apply.

    So if the Act does not apply, what does then? Does it become a normal contract governed by normal contractual laws?

    Taken from the Residential Tenancies Act 1997. I am in Victoria

    "9. Principal place of residence

    This Act does not apply to a tenancy agreement

    that is a fixed term tenancy agreement if—

    (a) immediately before the agreement was

    entered into, the rented premises were the

    landlord's principal place of residence; and

    (b) the fixed term is less than 60 days; and

    (c) the agreement states that—

    (i) immediately before the agreement was

    entered into, the rented premises were

    the landlord's principal place of

    residence; and

    (ii) the landlord intends to resume

    occupancy of the premises on

    termination of the tenancy agreement."

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232
    Profile photo of DWolfeDWolfe
    Participant
    @dwolfe
    Join Date: 2009
    Post Count: 1,253

    Hi Propertyboy,

    Swing by your friendly real estate agents office and grab a copy of the little red book given to tenants when they first sign up the lease.

    Are you the tenant or the landlord?

    It is my understanding (please make your own enquiries also) that the landlord does need to give the tenant 60 days notice.

    Here is a link – http://www.consumer.vic.gov.au/housing-and-accommodation/renting/ending-a-lease-or-residency/landlord-or-owner-ending-lease-or-residency/landlord-giving-notice-to-vacate This has a handy table of all the notice required in different situations.

    Hope this helps

    Cheers

    D

    DWolfe | www.homestagers.com.au
    http://www.homestagers.com.au
    Email Me

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    A lease is just a contract so the normal laws of contract would apply if the RTA didn't.

    This section probably relates to situations where owners sell a property and then remain their for up to 2 months before moving into their new property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://structuring.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

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