4lex

Hi all,

Our landlord has written with a rent increase which for various reasons I don't want to pay.

The increase notice is, as I have discovered, invalid as it doesn't provide for sixty days notice of the increase. As a reasonable person, had the landlord done anything to enamour himself to me I would have notified him of this - however I have not, and believe I am within my rights as a tenant to ignore the notice. The landlord is then obliged to start the process over again and wait the required notice period with notice properly served. Reference

Morality of this aside, does anyone know if my legal understanding of the situation is correct?

If the boot were on the other foot and I were the landloard I wouldn't hesitate (and have done so several times) to give notice to end the tenancy, so though I'd rather not have the hassle, I'm prepared to move. My understanding of the requirements around giving notice is that I would be obliged to give 21days written notice to end my tenancy, and the landlord would be required to give me 60days written notice. I assume that despite the landlord offering a further 12months tenancy in his original notice of increase that he would be entitled to recind this offer as I have not accepted it as yet.

Again, is anyone in a position to comment on the legality of this?

Lastly, assuming my current tenancy does end as a result of this situation, is there any way in which the landlord could endeavour to recover what he will no doubt feel is underpayment of rent from my bond?

Oh, and really lastly - I lost a set of keys a couple of years ago and as a result have changed the lock (with one of comparable security/value). I imagine this should not be an issue provided I submit all keys at the end of the tenancy?

Appreciate your time reading through this all - Cheers.

If anyone can offer any advice or relevant anecdotes from first hand experience I'd be keen to hear them.

Alex

chels

Residential leasing in NSW (each state is different btw, there is no Australia-wide legislation):

http://www.fairtrading.nsw.gov.au/re...s/tenants.html

http://www.tenants.org.au/factsheet/RTAct.html

Eastern Area Tenants Service
Postcodes covered:
Randwick, Waverley, Woollahra 2021- 2036 (2021 and 2036 shared with Inner sydney taas)

Eastern Area Tenants Service provides free advice and advocacy to tenants in the Woollahra, Randwick & Waverley Local Government Areas of Sydney NSW.

We provide advice & assistance on all tenancy matters arising under the RTA 1987 including terminations, rent increases, repairs, access, rent arrears, and compensation. If you need advice, telephone our advice line.

Hours of operation:
Monday: 9am - 3pm
Tuesday: 11am - 5pm
Thursday: 9am - 1pm
Friday: 9am - 1pm
Address:
PO Box 1091
Bondi Junction
New South Wales 1355

Phone: 02 9386 9147
Fax: 02 9389 9824
Email: [email protected]

4lex

Cheers. Read loads on that site, how did I miss the only bit i really needed?!

steve99

I dont know "legally" but I my understanding would be that at the end of a tennancy period ( I assume for example your coming to the end of a 12mth contract period) that he would need to notify you 60 days prior to this off his desire to increase the rent. If there arent 60days between the request and the end of your current term, then it the increased rent could only come into effect as of the 60 days, so for example you might get one extra month at your current rate and it would then go up.
If you choose not to accept the increase you are effectively giving your 21days notice that you are not staying, again if that doesnt allow time before the current contract period ends you would either have to negotiate with him to leave early or wait and pay up to the 21days are up.
Doing nothing and just igoring it isnt a sensible option in my mind and is bound to cause unnecessary headaches for both parties.
I do think he may have issue with you if you havent made him aware of losing his keys and changing his locks, pretty sure this would contravene the tennancy agreement you signed and if anything of a legal nature arose out of all of it for somereason, I dont think it would exactly aid your case....
Im assuming from what you've said you havent told him, how has he (or your agent) been entering to property to do quarterly assessments etc?

Steve

4lex

There hasn't been any in 2.5yrs. Not that that would make any difference as they are absolutely not allowed onto the premises without my say so (and I haven't any problem with that, they just can't be arsed). I imagine he'll have a hard time proving that the lock has been changed even if he wanted to be difficult about it

steve99

Whether there allowed to or not is irrelevant, you've still changed the locks on a property you dont own, and were only going to disclose it at a point convenient to you.

4lex

I'm not going to disclose it at all in fact, so there's no problem at all.

mbike

Stay within the law. Fill in the blanks:

http://www.tenants.org.au/resources/...-Incorrec.html