Does not signing a new agreement mean giving notice?

Discussion in 'Property Management' started by JET796, 27th Mar, 2020.

Join Australia's most dynamic and respected property investment community
  1. JET796

    JET796 New Member

    Joined:
    27th Mar, 2020
    Posts:
    1
    Location:
    NSW
    I current standard tenancy agreement which is now a periodic agreement ( because my fixed term date has passed) and im having some issues with my landlord regarding breach of P,C & P, she has not been abiding by the current agreement regarding her access to the property as she has been staying for 4-5 days each month in the garage out back but using our kitchen and moving furniture around etc, there are a few wrinkles re the current agreement as im actually one of 3 people living in the property but my tenancy agreement states im renting the property (full address and doesn't state individual rooms) as does my other housemates, and there are no exclusions listed, only inclusions of furniture and appliances left behind.

    we have issued the landlord a continuous breach of P, C & P letter, but she is still saying she is going to be attending the property as she has been.
    She keeps insisting that our agreements have expired


    if i don't sign the agreement is my original agreement still standing and she would then have to issue me with my notice to leave, or by not accepting to a new agreement am i automatically needing to give my notice to leave?

    i hope that made sense.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    24,854
    Location:
    Australia wide
    Your post is unclear so I can't comment, but you should seek legal advice if you are after advice on the interpretation of a contract..
     
    Michael Mitchell likes this.
  3. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    7,608
    Location:
    Brisbane
    Is your lease for the whole property, now gone from fixed term to a month to month?

    And is your landlord staying on the premises herself? If so, that is not allowed and not acceptable.

    I'm not clear on what P, C&P means, but I'd guess it might mean your right to live in the whole premises as per your lease.

    If so, then the lease still stands (someone correct me if I'm wrong because I'm in Qld). Your landlord has no right to enter the premises without issuing correct notice.

    I'm guessing your landlord is self-managing?

    I'm not sure about this, but if a real estate agency does the wrong thing, I think they can be penalised financially. I also think this can happen with private landlords, but I don't know. Perhaps call the tenant union, the government department who looks after landlords in your state, or a property manager from NSW might jump in with correct information.
     
    Michael Mitchell likes this.