Owner Rental Notice Period

[Sammy1970]

Can anyone help me out here.

 

On our application form for our current rental property, we requested a 12month rental, however after being accepted we were told before signing, that it would initially be 6months with a view to it being extended, but it was more to do with 'seeing how things go between both parties' sort of thing. Therefore we entered into a rental agreement for 6months with a view to a further 6months in June 14th this year. Our agreement is due to end on 12th Dec 2013 and before signing this we expressed concerns at the possibility of moving house 2 weeks before xmas. We were assured by the letting agent that this wouldnt happen,and we could be sure of being in the house until the new year, therefore we duly signed the contract. This was a result of the owners living in America.

 

Roughly 2 weeks later, our families announced they were coming over for xmas/new year and were staying until Feb 5th. We contacted the letting agent about this who advised us that the owner was in America on business and would likely be there until after the new year. We again reiterated this to the agent at our first inspection, and again was assured that the owners would not require us to vacate until our visitors had left. However, we have received a letter giving us 30 days notice, as per legislation, that we have to vacate the house by 6th January. I have read that we are entitled to a minimum of 60 days notification on our rental conditions. Can anyone confirm this to be the case, or am I taking down my xmas tree and to start packing

 

Thanks in advance for any help

[Guest guest9824]

Hi Sammy, sounds like you need to get some proper advice from maybe Citizens Advice Bureau or REIWA. Sounds like there has been a break down of communication, not necessarily on your part if you have been informing the agents of your plans etc, but something has obviously got lost in translation as they say. I hope you get some proper advice and that you wont have to take the chrimbo tree down just yet. Maybe bumping this thread will give someone else with more realestate knowledge a chance to give you some advice.

 

pea

[liloharry]

Just looking at my agreement it states the following:

 

if the agreement is fixed term it may be ended:

- by agreement between the lessor and the tenant; or

- if either the lessor or tenant does not want to renew the agreement, by giving written notice of termination. The notice must be given to either party at least 30 days prior to the date on which vacant possession of the premises is to be delivered to the lessor. The notice may be given at any time up until the end of the fixed term but cannot take effect until the term ends.

 

if the agreement is periodic it may be ended:

- by agreement in writing between the lessor and tenant; or

- by either the lessor or the tenant giving written notice of termination to the other party. The notice may be given at any time. The lessor must give at least 60 days notice and the tenant must give at least 21 days notice.

 

from what you have said it sounds like your on a fixed term which ends on the 12th December, therefore they must give 30 days from when your lease ends...that's how I read it, I may be wrong, maybe someone else could clarify....

 

Sam

[Druid]

I'm with Ray White which is a standard REIWA lease, it's states on a fixed term 30days notice, which means agent can give you 30 days BEFORE the end of your lease is due to expire, we thought we signed a 12 month lease too, but it states the lease may be reviewed after 6 months, this is more to do with rent price review, so it sounds like you will be moving soon, look on the REIWA website it may be able to help.

[lozzachino]

Sammy, did you end up having to move or did you sort smething out? Hope it all worked ok