- propertyboyParticipant@propertyboyJoin Date: 2008Post 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
(ii) the landlord intends to resume
occupancy of the premises on
termination of the tenancy agreement."DWolfeParticipant@dwolfeJoin Date: 2009Post Count: 1,253
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
DTerrywParticipant@terrywJoin Date: 2001Post 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.