Topic: Told to get out

This topic has 2 replies, 1 voice, and was last updated 15 years, 6 months ago by .

Creator

Topic
26/01/2011 at 10:10 pm #7207 Reply | Quote
Anonymous
I have been served a notice of termination of residential
tenancy agreement. I have been renting the same apartment for over 20 years. Do I have any rights given the recent changes to the Act?
Creator

Topic

Viewing 2 replies - 1 through 2 (of 2 total)

Author

Replies
27/01/2011 at 1:25 pm #12389 Reply
Jimmy-T
Keymaster
Under new laws (they don't come in until the 31st of January, 2011) according to the Fair Trading website, “If a tenant is no longer under a fixed term agreement and the landlord
wants the tenant to move out ‘without grounds’, the notice period
increases from 60 to 90 days. If notice is given by a landlord just
before the end of the lease, the notice period increases from 14 to 30
days.”

At the time of writing, that law doesn't yet apply and they only have to give you 60 days notice. If this is a problem for you, contact TenantsNSW and they will advise you on what your options are.

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

Quote
01/03/2011 at 3:28 pm #12506 Reply
Anonymous
MOZART said:

I have been served a notice of termination of residential

tenancy agreement. I have been renting the same apartment for over 20 years. Do I have any rights given the recent changes to the Act?

Under the Act there are addtional rights for tenants who have been in the same property for more than 20 years. But, the new act will not apply if you were given the notice of termination before 31 January 2011

HOWEVER, you have rights under the old law that may keep you in the property. If the notice was given on 'no grounds', the Consumer, Trader and Tenancy Tribunal must consider 'the circumstances of the case' when deciding whether or not to grant the landlord's application for termination of the agreement.

The Tribunal will look at issues like, how long you have lived there, why the landlord wants the property, whether you have made improvements to the property, your personal circumstances (illness etc) and your ties to the area.

If you can establish sufficient 'circumstances' you may be able to prevent the landlord from terminating your agreement.

You should call your local Tenants' Advice & Advocacy Service or the Tenants' Union for more advice.

The last thing to say is that if you moved into the property before 1 January 1986 then you may be a 'protected tenant'. It is a complex legal question, but if you are a 'protected tenant' then you have very special rights and may be entitled to significant compensation if the landlord wants to move you out of the property.

Again, you should immediately call your local Tenants' Advice & Advocacy Service or the Tenants' Union

Martin Barker

Tenant Advocate

Inner West Tenants' Advice & Advocacy Service (9559 2899)

Quote
Author

Replies

Viewing 2 replies - 1 through 2 (of 2 total)

Reply To: Told to get out

PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.