Tenants' Rights

Julia · 13 December 2012

People here who are currently landlords will be able to clarify this, I'm sure.

The daughter of a friend of mine signed a twelve month lease on a house last February. She has enrolled her children in high school in the area for 2013.

The owner has told her the lease will not be renewed as he wants to use the house himself.

I'd have thought that was the beginning and end of the matter, but my friend asserts that the landlord 'cannot throw her out in February if she has not found somewhere else to go'.
That sounds unreasonable to me, but maybe tenants have even more rights now than they did when I was a landlord.

Ijustnewit · 13 December 2012

Hi Julia,
We had been renting recently in Tasmania till we found some where to buy. Our lease agreement was a 12 month contact.
At the end of the 12 months the Landlord could choose not to renew the lease and we would have to go. Or by agreeable by both parties we could stay on but it would revert to a month to month lease and the original lease would become defunct.
I think your friend may have to leave if given reasonable notice therefore.
I have attached a link to the Queensland Tenants Union on this issue.

http://tuq.org.au/wp/wp-content/uploads/2009/12/Lessor-Ends-the-Tenancy-Dec-09-SD_NEW.pdf

chrislp · 13 December 2012

It will differ from state to state but in NSW (the laws I know about) the owner will have to give a minimum 30 days notice (plus 4 days postage if sent by mail) in writing before the end of the lease.

If the tenant is not out by the specified date the landlord can apply to the tenancy tribunal & ask for a forced eviction. An application & hearing usually takes about a month before that can happen though.

cynic · 13 December 2012

My past experiences as a landlord, have demonstrated that legal entitlement and tenancy tribunal rulings can at times be chasms apart.

I was often blessed with conscientious tenants, but , on one occasion when I was cursed with a tenant from hell, the tribunal repeatedly refused to grant me the authority to evict, despite months of rental arrears and significant damage to my property! It seems that tribunals believe that lame excuses and hard luck stories are ample substitutes for money and responsibility.

What a terrible shame it is that my mortgagee didn't share the tribunal's lofty views!

Julia · 13 December 2012

Thanks, folks. She is certainly being given adequate notice. Mid December to February.
It was the certainty which which he said "she can't be just thrown out" that got to me, suggesting landlords in reality have fewer rights than tenants.

MrBurns · 13 December 2012

It differs rom state to state, sounds like there is no managing agent involved.

The real estate institute in the State concerned may clarify but apart from that they will need a lawyer to advise, if the lease has been drawn by the owner it may be full of errors.

sails · 13 December 2012

Julia, here is a link to the RTA in Qld on "Ending a tenancy agreement": http://www.rta.qld.gov.au/Renting/Moving-out/Ending-a-tenancy-agreement

Unless things have changed, the owner simply needs to give the correct amount of notice that he does not intend to renew the lease and the tenant needs to vacate prior to the end of the current lease.

Julia · 13 December 2012

Thank you sails. Seems fair to me. I'm still just really surprised that any tenant should imagine they are not obliged to keep to the terms of the lease agreement.

tigerboi · 14 December 2012

my mate owns the century 21 i rented this place 3 years ago after 6 months was up
i said whats the go sign another lease & he said nah the owner wants you to stay so
i dont bother about it now.

but no they cant kick you to the gutter...tb

Bill M · 15 December 2012

Julia I use a reputable Agency to manage my rental property. The lease is drawn up and both parties have to abide by it.

The Agent keeps a close eye on lease timings. Every year the Agent asks me about 3 Months before the lease is up as to what I want to do. Whatever my choice is they will convey to the tenants, there is no question of them staying on if they have had adequate warning. Same goes for rental increases, they get 2 Months plus postage days warning, more than enough for them to make decisions.

Miss Hale · 15 December 2012

He's not 'throwing her out' as she only has a lease on the place until February, so she should not assume she can stay any longer than that unless something further is negotiated. Since he has now advised that the lease will not be renewed it's up to her to find somehwere else between now and then. In Victoria you have to give 60 days notice (although I think it may be less if the owner intends occupying it themselves).

Julia · 15 December 2012

Bill M said:
Julia I use a reputable Agency to manage my rental property. The lease is drawn up and both parties have to abide by it.

The Agent keeps a close eye on lease timings. Every year the Agent asks me about 3 Months before the lease is up as to what I want to do. Whatever my choice is they will convey to the tenants, there is no question of them staying on if they have had adequate warning. Same goes for rental increases, they get 2 Months plus postage days warning, more than enough for them to make decisions.

Miss Hale said:
He's not 'throwing her out' as she only has a lease on the place until February, so she should not assume she can stay any longer than that unless something further is negotiated. Since he has now advised that the lease will not be renewed it's up to her to find somehwere else between now and then. In Victoria you have to give 60 days notice (although I think it may be less if the owner intends occupying it themselves).

Thanks, Bill and Miss Hale. That's as I would have imagined. Otherwise it's effectively saying the owner has no rights and the tenant can dictate what happens.

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