Am I Periodic or Fixed Term Tenant (WA - Perth)
Jul 31st 2012, 1:27 pm
#1
Forum Regular
Thread Starter
Joined: Jan 2009
Location: Perth
Posts: 33
Am I Periodic or Fixed Term Tenant (WA - Perth)
Hi All
We have been renting our house since early 2011 which began on a fixed term tenancy for 12 months. Towards the end of the 12 months they sent me a form called a 'Lease Acceptance Form' asking if we wanted to continue for another 12 month period. I remember little about the lease acceptance form except it was a sparsely populated single sided sheet of A4. I signed this and returned it. I imagine it was to confirm my intention to sign up again for another 12 month period. (I cannot remember the wording but it wasn't the lease as they are multiple pages and very wordy - as any tenant knows).
I was then sent a new tenancy agreement for another 12 month period to sign and return. I was having second thoughts and did not sign the new agreement, I continued to adhere to the terms of the orignal agreement (rent paid on time etc etc). The agents chased me once, a month or two, after the original tenancy had expired but have not mentioned it since.
The commerce.gov.au websites pdf (Renting a home in Australia a Tenants Guide) seems very clear on the matter:-
If you stay on with the owner/agent's permission
after the initial period has expired but don’t sign
another fixed-term agreement, the tenancy will
automatically become a periodic tenancy. If no new
conditions are agreed upon and put in writing, all
conditions from the previous fixed-term agreement
will continue to apply including those specific
sections of the Act that were contracted out of.
As I have not signed a new fixed term tenancy agreement am I now on a periodic tenancy. Or could the Lease Acceptance Form serve as a tenancy agreement in its place?
I know it might be a difficult question without knowing exactly what the Lease acceptance form said but government website seems very precise. Sign a new fixed term agreement or its a periodic tenancy.
Any advice from anyone who knows about such things would be greatly appreciated!
Thanks in advance
Bernstable
We have been renting our house since early 2011 which began on a fixed term tenancy for 12 months. Towards the end of the 12 months they sent me a form called a 'Lease Acceptance Form' asking if we wanted to continue for another 12 month period. I remember little about the lease acceptance form except it was a sparsely populated single sided sheet of A4. I signed this and returned it. I imagine it was to confirm my intention to sign up again for another 12 month period. (I cannot remember the wording but it wasn't the lease as they are multiple pages and very wordy - as any tenant knows).
I was then sent a new tenancy agreement for another 12 month period to sign and return. I was having second thoughts and did not sign the new agreement, I continued to adhere to the terms of the orignal agreement (rent paid on time etc etc). The agents chased me once, a month or two, after the original tenancy had expired but have not mentioned it since.
The commerce.gov.au websites pdf (Renting a home in Australia a Tenants Guide) seems very clear on the matter:-
If you stay on with the owner/agent's permission
after the initial period has expired but don’t sign
another fixed-term agreement, the tenancy will
automatically become a periodic tenancy. If no new
conditions are agreed upon and put in writing, all
conditions from the previous fixed-term agreement
will continue to apply including those specific
sections of the Act that were contracted out of.
As I have not signed a new fixed term tenancy agreement am I now on a periodic tenancy. Or could the Lease Acceptance Form serve as a tenancy agreement in its place?
I know it might be a difficult question without knowing exactly what the Lease acceptance form said but government website seems very precise. Sign a new fixed term agreement or its a periodic tenancy.
Any advice from anyone who knows about such things would be greatly appreciated!
Thanks in advance
Bernstable
Jul 31st 2012, 3:43 pm
#2
Lost in BE Cyberspace
Joined: Feb 2009
Location: UK
Posts: 14,284
Re: Am I Periodic or Fixed Term Tenant (WA - Perth)
Sounds like you are now periodic as you did not sign the new agreement.
