Scrawni 2

Our tenancy agreement ended yesterday (7th) and we were just going to carry on another 6 mths.

However, we gets a letter from the agents yesterday asking if we are continuing with the lease and by the way your rent will increase as of the 8th.

We have decided to move on but we want to know if they can tell us that the rent increases with no notice.

I know that under normal circumstances they have to give a months notice. I suspect they can increase the rent because it was the end of the lease, but not giving us any notice is outrageous :curse:

Mandy

GinaUK

During the term of the lease, they have to give you two months notice (60 days actually). But if your lease has come to an end and you are asked to sign a new lease, they can increase the rent then as well. I wouldn't call that outrageous; I would expect that. (Wouldn't enjoy it of course - am a tentant too.)

Gina

bithbheo

renewal of lease time needs no notice prior of rent increases. We have just renewed our lease and the rent has gone up $30 a week !!!

It has gone up everytime we have renewed but this is the biggest hike.

cheekivimto07

We were told by our real estate agent to expect the rent to go up at the end of our lease, its quite normal apparently.
So we will be looking for somewhere else in Decemeber, as the rent on this place is high enough to start with.

BAY

Correct me if I am wrong but I was told by our letting agent that when the initial 6 month letting period ends there are two options.

1. Sign up for another 6 months

2. Unless formally asked by the owners to do 1. you can carry on renting a month at a time ie. like a rolling contract

If 2 applies does that mean they have to give the 60 days notice for any rent increase and if you decline would they have to give you 4 weeks notice to vacate , during which time the rent would not increase ?

GinaUK

Yes, here in WA they have to give you 60 days notice and it must have been at least 6 months since the last rent increase. If you want to leave you give 4 weeks notice and no rent increase during that period (because the 60 days aren't up yet).

With the 60 days and 6 months rules, they can give you the notice of a rent increase after just over 4 months, because after 4 months plus the 60 days then gets them to 6 months.

Gina

BAY

Not sure where you are living but here in Perth, under the REIWA Residential Tenancies Act for a rent increase

THE OWNER MAY NOT INCREASE THE RENT UNLESS

a) 60 days notice is given; and

b) not less than 6 months has passed since the tenancy commenced or since the last increase

So if you are in Perth then no they can't give you a rent increase without 60 days notice, even if your initial rental period has ended.

GinaUK

Sorry, but that last bit is incorrect in WA, i.e. Perth. Once the lease has ended, rent can be increased without notice. Read page 2 here: http://www.taswa.org/downloads/all/3_1.pdf

"If your fixed term tenancy is coming to an end and you want to enter into another agreement at the same property, the owner/agent does not need to provide formal or written notice of their intention to increase the rent in the new agreement. The owner/agent can increase the rent from the date you enter into a new agreement."

Gina

billymacker

As scrawni 2 say,s

Our tenancy agreement ENDED yesterday, (what are they still doing in the house)

They should of moved out or made a new agreement to stay longer.

What is the landlord doing wrong all he/she as said is if you want a new agreement it will cost you more.

GinaUK

Landlord is not doing anything wrong. As a tenant I would expect the rent to go up at the end of the lease. I guess it just surprised scrawni. (And she isn't doing anything wrong either by asking on here .

Gina

Maple Leaf

i have never had a rent increase after 6 mths lease was up.

granted it has been a few years now since i rented but i have friends back there still and none of them have had it either. maybe after a year they may put it up 10-20$ per week.........

i do hear tho things are pretty bad over there at the moment..in a bit of a recession. times are tough, higher fuel costs etc = higher costs of living.

good luck with whatever you decide to do.

dave99

Same thing just happened to me, 6 month lease just ended and got a phone call from the landlords saying the rent will have to go up by $60 a week....so its time to find somewhere else !

Safin

Dunno about elsewhere but in QLD

if there's no new agreement in place when the old one expires you just go by default onto periodic til a new one is signed (if it ever is).

Then on periodic there is a 60 day notice period still required to put then rent up. May not solve the problem as it'll still soon go up but at least it buys you some time to look around for a new place at the exisiting rent. On periodic they have to give you 2 months notice to leave

If you are offerred a new agreement with higher rent at the end of your term you can
1 accept it
2 give notice to leave (14 days)
3 do nothing

If you do nothing the landlord can give you notice to leave (14 days at the end of a fixed term or 2 months once on periodic) or let you go over to periodic (or try another agreement i guess )

All info is from the RTA booklet given when we took out tenency

Safin

Reedy

I have been told by our real estate agent that the same applies in VIC.

Lau x

Katherined0

Check your lease agreement but I still think they have to give you 60 days notice of an increase in rent....
Our landlord tried it and when we queried it with the agent they claim that they "made a mistake" (yeah right, cos you'd do that when you're dealing with this day in and day out!)