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At the end a six month lease (of a newly renovated unit) which commenced exactly a year ago, I went into continuance. The owner decided to put the rent up by $10 to $400/week (Hornsby area). I negotiated $5/week, which was agreed starting August 11. A month later I asked for a new 12 month lease and heard nothing back. End of October Owner requests inspection as they had not seen the completed renovation. No problem, they inspected end of November 11 and seemed really nice. They had some issues with quality of reno work which they would like fixed. Again no problem. They requested that I alert them/agent to any problems immediately and those issues discussed during inspection would be fixed. As they were leaving I asked again about a 12 month lease; they said they had already agreed to that. The Property Officer said she would have the Property Manager contact me to arrange a time. At no time was a rent increase mentioned.
Christmas/NY comes and goes. I then receive a email from the PO saying a tradesman had tried to contact me to gain access to fix warranty issues. I inform PO that no messages had been left so how could I contact said tradesman?
In the same email, if I wanted to sign a new lease the rent would increase by $5. I replied that I had not been given any notice of this. I said I would come by the office and sign a new lease this week at the same rent I was on now. I was informed the new lease would have the new rate, which would come into effect 90 days from the date of the new lease. I was told “If a resign of a 12 month lease is to go ahead the owner would like the rent increase to take effect, the rental prices in Hornsby are going up as an average of $10 per week” and that the owner could ask $410/week.
I don't want to move. Is this legal?
thanks.
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Replies
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Firstly, a new lease is a new deal and it’s entirely up to you whether you agree to its terms or not.
Otherwise, you can continue the periodic tenancy and the landlord or their agent must give you 60 days written notice of a rent increase. However they can raise the rent as often as they wish (as long as the rent rise isn’t excessive), so they could theoretically get their money anyway.
If the landlord wants you to move out, they have to give you 90 days notice in writing.
This is one of those situations where a reasonable compromise, backed up with a valid lease, would be the best outcome for everyone concerned. But check with tenants.org.au for all the facts before you decide what to do next.
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.
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