Rental agent refusing to help renew lease!

Discussion in 'Property Management' started by JJ3N16, 8th Mar, 2022.

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  1. JJ3N16

    JJ3N16 New Member

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    Hi all,

    First time poster. We're renting an apartment in Sydney and our lease is up in 1 week. I have tried for months to renew the lease, we are living in SUCH uncertain times and I just want to know that we're here for the next year.

    My rental agent doesn't answer my calls, plainly ignores my emails and on the offchance I do catch him, he tells me the landlord hasn't gotten back to him.

    I find it really hard to believe and I'm looking for some help.
    We've passed inspection (we look after the property well) and haven't been annoying tenants at all.
    Please please help! It's really impacting my mental health.
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    In Victoria, you automatically go to a monthly lease if one is not offered. I am not sure about NSW

    The Y-man
     
  3. thatbum

    thatbum Well-Known Member

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    It will just roll the to a periodic lease won't it?
     
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  4. JJ3N16

    JJ3N16 New Member

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    Yes, but that doesn't protect us in terms of what we pay with rent. Periodic lease I'm pretty sure they can increase the rent as much as they want and as often as they want?
     
  5. The Y-man

    The Y-man Moderator Staff Member

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    See
    Rent

    Specifically:

    If the agreement does not specify a fixed-term or if the fixed-term period of the tenancy agreement has ended and the agreement is on a continuing (periodic) tenancy, then rent can only be increased once in a 12-month period.
    The landlord must also give the tenant at least 60 days written notice before the increase starts.
    This also applies where the tenancy is renewed.


    I suggest you read all of
    Renting
    as it seems you did not read your lease conditions and relevant legal rights etc. All of these should have been given to you when you started your tenancy.

    The Y-man
     
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  6. thatbum

    thatbum Well-Known Member

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    Not really no.

    And that's a different issue anyway. What else do you want?
     
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    @JJ3N16 - NSW leases have the contact details of the owner, email them a courtesy note asking their intentions.

    Inaction by the agent will cause the lease to rollover to periodical as others have advised however until the lease expires they can still provide the 30 days notice.
     
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  8. Stoffo

    Stoffo Well-Known Member

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    This is the reality of renting, sorry.
    If you want security you need to be more pro active.
    Having a lease doesn't mean the rent can't be increased !

    Have you considered that the PM is stuck in the middle ?

    Your PM has a LOT of properties to keep track of, they have probably reached out to the landlord several times and are awaiting direction from the owner.

    Pestering and berating the PM won't help you, in fact the PM will likely see you as an annoying "needy" tenant chewing up their valuable time (And may prefer to see you go than stay) !
     
  9. MB18

    MB18 Well-Known Member

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    I assume this is your first time renting as this is all standard. He probably did fire off an email to owners at somepoint and left it at that without any follow up.

    Honestly, dont worry about it.

    As someone else mentioned, the rent can only be increased once every twelve months so regardless of whether you now go periodic or renew for twelve months it makes no difference.

    You will get 90 days notice to vacate if needed. Sure its only 30 days if the place is sold, but it will be obvious even before that the place is to be sold.

    I prefer renting on a periodic tenancy although I've noticed that PMs/landlords seem to prefer a fixed term.

    In all likeness I would say you are just dealing with a useless and non responsive PM which is pretty normal.
    There is nothing to stop you signing a new 12 month lease once they eventually do pull finger anyway.
     
  10. skater

    skater Well-Known Member

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    As others have said, once a fixed lease expires, it just rolls over to a periodic one. Rents can still only be increased every 12 months. Nothing really changes at your end, so don't sweat it. FWIW, about half of mine are on periodic, and they're long term tenants.
     
  11. jaydee

    jaydee Well-Known Member

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    One other aspect to consider is that if a new lease is prepared then you can be guaranteed there will be a rental increase as part of the new lease.

    If you remain on periodic then it will likely continue at same rate and in worst case you will have 60 days notice from PM and ball entirely in your court as to whether accept, negotiate or leave.
     
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  12. Mel Morgan

    Mel Morgan Sydney Property Manager Business Member

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    In addition to the above, the owner may be happy to roll onto periodic as otherwise they may have to pay their property manager a fee to renew the lease (which is a silly fee). On periodic they have to provide 90 days termination so it still gives you some level of certainty that you won't have to move on short notice.
     
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  13. Noobieboy

    Noobieboy Well-Known Member

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    I generally used to prefer periodic lease. A lot of flexibility without the need to be locked into a particular time frame. I used to just be happy when a fixed term lease rolls into periodic. Means that whenever I want to leave, give sufficient notice and off I go!