tenant decision on renewing lease

I have a tenant and their lease is due for renewal early November. I emailed them to ask their intention on whether they would be renewing and they said they aren't sure.
If they don't stay I will be hiring an agency to find a new tenant and based on the time it took last time to find a tenant, I would like to initiate that process at least a month before the new tenant might potentially leave....so early October.

So my question is, how much am I able to push for a decision from them and can I set a deadline for them to make a decision by a certain date? I'm not fussed either way if they stay or go but just want to start getting my own ducks in a row as soon as I can without infringing on their 'rights'.

thanks for any input

 

Thanks Wylie, looks like I can send that notice 2 months prior which is pretty much now. I will reply to them with that information subtly mentioned and ask for a firm decision by the end of this month.

 

thanks Wylie, that is great advice. In thinking about it more, what I want to avoid is having to engage the RE to find someone if I don't have to. So issuing the notices covers me so to speak but doesn't negate the admin hassle I want to avoid. I think I've got a way to go forward now though so will just word it all in a subtle/non-threatening/give me a damn answer way

Having that knowledge about the 2 months notice just gives me confidence I'm not overstepping my boundaries.
Thank you again!

 

Is the property in qld?

In SA, you can send out both a lease renewal and a form 2a (termination) , this way one of the above always happens. Do NOT want a tenant going onto periodic tenancy as then the income is less secure and the rules tilt in their favour.

Each state will have its own rules about showing new tenants through at end of lease. It'll generally only be allowed in the last 14 days and with reasonable notice.

 

I would want to be confident that any tribunal would rule in your favour that you can terminate a valid agreement to force a tenant into a fixed term. I don't know which way this would go but it doesn't seem reasonable since you already have agreed to an ongoing arrangement.

If you have a good tenant - you are taking cost (agency fees, wear/tear) for a potential risk. Some tenants do move every 12 months - but most don't - especially over year end!

 

Thanks sydprop for the comments. I wouldn't be terminating any agreements...unless I have misunderstood what you wrote? They have a fixed term lease and that won't change at all

 

@ramblin72: unless you send out a notice to terminate, they will roll onto a periodic tenancy (no fixed term) automatically. So if you send them a new fixed-term lease and they simply don't respond, they'll be on a periodic tenancy.

If you're insistent that they be on a fixed-term tenancy, then you issue a notice to leave simultaneously with the offer of a new fixed term, which makes it plain to the tenant that rolling on to a periodic tenancy is not an option: their options are either to leave at the expiry of the notice, or to enter into a new fixed-term agreement.

With respect, this is pretty basic stuff, and if you didn't know this, I'm not sure you should be self-managing.

Further, your wish to "push them for a decision" sounds un-businesslike. You should make it clear - via notices - what the tenant's options are, then wait for them to respond (via the appropriate forms and notices). Emailing them asking them for decisions is both unprofessional and, if outside the notice period they're required to give you, is an infringement of their rights.

 

Might be a misunderstanding. Your tenant (in normal circumstances) have a tenancy agreement that has a fixed term which then automatically changes to periodic at the end of the fixed term. Neither you nor your tenants need to do anything and the leased continues under the terms for periodic tenancy. This is standard.

You can agree another fixed term with the tenants or as suggested in other posts, you could take a more aggressive approach and try to force the tenant to take another fixed term lease by terminating the current tenancy agreement.