Reply To: Ending a Fixed Term lease and signing a new lease

Hey Kaindub,

Thanks for yr reply.

Your wrote (with my comments in italics following your statement):

The government has not yet outlined what the terms of their non eviction for renters means. (Agreed, it’s best to wait a few days to see what the new rules are).

Technically sending a notice of termination is an eviction notice. You are depriving a person of a roof over their head. (I thought that “eviction” was in situations other than end of lease. If what you’re saying is true – and I hope it is not – then as Jimmy indicated, the situation falls into a periodic occupancy which MUST be on the terms of the current lease and not the tenant’s unilateral demands of last week. True?)

If you do not send the termination notice, then as you know, the lease becomes continuing. That means the rent stays the same unless there is an agreement between you and the tenant. What changes is the notice period. 21 days for the tenant, 60 days for you. ( I read online that on a periodic basis the landlord must give 90 days’ notice, which is even worse than the 60 days you indicated may be the case. 60 days is bad enough).

I have heard that the rules for tenant rent relief will include that the tenant is on jobseeker or other social welfare. (The tenant works in IT and I very much doubt will be on any welfare. If he was on welfare or expected to be, I am sure he would have made that known to me and he has not. Therefore, if he keeps his job and his full time status ,+/- half a day or a day, and is not on welfare then the eviction/rent relief program expected to be announced by the Prime Minister will NOT apply to him? True?)

So unless the tenant relies on social security, you may be able to evict them. But as I said times have changed and it’s all untested. (If he says he is on welfare or is able to receive welfare, can I ask for proof or am I just to take his word?)

To evict a tenant you have to have a court order. Since the local courts are only dealing with urgent matters at the moment, the tenant could be there a long time. (But under the terms of the current lease? True?)

What have you got to lose by making it a continuing lease? The tenant has to still pay the same rent.
(I want to keep the tenant, ideally under a new lease, which will have a lower rent than the current rent, but he wants to stay so long as I formalise a lease which requires half the rent currently being paid and my undertaking never to chase him for any and all unpaid rent).

You will have to wait till the government releases its rules about evictions in the current environment to see what the new rules are. (Agreed).

Maybe wait a few days to see the government rules.
In my opinion, there will be pain for landlords.
There will be some tenants who will try to game the system.