vacating notice

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Old Feb 24th 2009, 11:25 pm
  #1  
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Default vacating notice

Hi everyone

We moved to Helensvale 6 months ago found a house to rent for 6 month payed the lot up front, 3 weeks ago the agent phoned and asked if we have received our new tenancy agreement, i said we hadnt as yet, she said she will send another one out. The following week i phoned again and told them we still haven't got it, i was started to get worried because ours runs out on the 3rd March 09. last week out of the blue the agent phoned and said there will be a couple of estate agents coming to view the house because the landlord might be selling, alarm bells started to ring so i started looking around for another house we only had a week. Lucky for us the house came up for rent next door so on monday we went and signed a 12 months lease, and i faxed the vacate notice to the old agent, go a letter this morning telling me i have to give 2 weeks notice to leave, and i have to pay the $400 rent for another week.
Can anyone give me some advice on if this is right.

thank you

ann
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Old Feb 24th 2009, 11:46 pm
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Default Re: vacating notice

Originally Posted by lee10ann
Hi everyone

We moved to Helensvale 6 months ago found a house to rent for 6 month payed the lot up front, 3 weeks ago the agent phoned and asked if we have received our new tenancy agreement, i said we hadnt as yet, she said she will send another one out. The following week i phoned again and told them we still haven't got it, i was started to get worried because ours runs out on the 3rd March 09. last week out of the blue the agent phoned and said there will be a couple of estate agents coming to view the house because the landlord might be selling, alarm bells started to ring so i started looking around for another house we only had a week. Lucky for us the house came up for rent next door so on monday we went and signed a 12 months lease, and i faxed the vacate notice to the old agent, go a letter this morning telling me i have to give 2 weeks notice to leave, and i have to pay the $400 rent for another week.
Can anyone give me some advice on if this is right.

thank you

ann
What does it say in your original lease? Ours says we have to give 2 weeks notice to vacate.
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Old Feb 25th 2009, 12:08 am
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Default Re: vacating notice

Originally Posted by lee10ann
Hi everyone

We moved to Helensvale 6 months ago found a house to rent for 6 month payed the lot up front, 3 weeks ago the agent phoned and asked if we have received our new tenancy agreement, i said we hadnt as yet, she said she will send another one out. The following week i phoned again and told them we still haven't got it, i was started to get worried because ours runs out on the 3rd March 09. last week out of the blue the agent phoned and said there will be a couple of estate agents coming to view the house because the landlord might be selling, alarm bells started to ring so i started looking around for another house we only had a week. Lucky for us the house came up for rent next door so on monday we went and signed a 12 months lease, and i faxed the vacate notice to the old agent, go a letter this morning telling me i have to give 2 weeks notice to leave, and i have to pay the $400 rent for another week.
Can anyone give me some advice on if this is right.

thank you

ann
you are liable for the rent upto your end of lease date 3rd march, As you have not signed another lease they can not make you pay past this date.
The only way you would not be liable is if you were breaking your lease and someone else was going to rent it. of which you would then be liable for the advertising cost and new lease cost on a sliding scale.

Sorry to bring bad news, these agents get it all there way.
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Old Feb 25th 2009, 4:22 am
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Default Re: vacating notice

Hi

thanks for your replies.

i phoned them up and they said its in the tenancy agreement that we have to give two weeks notice. they said because they offered us a contract on a month to month basis??????????
im pissed of because we didnt get two weeks of them.
they win all round
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Old Feb 25th 2009, 4:29 am
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Default Re: vacating notice

Originally Posted by lee10ann
im pissed of because we didnt get two weeks of them.
they win all round
They would have had to give you much more than two weeks notice.

Did you get a notice in writing or anything ?
 
Old Feb 25th 2009, 4:30 am
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Default Re: vacating notice

im pissed of because we didnt get two weeks of them.


But they havent given you notice.............
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Old Feb 25th 2009, 4:36 am
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Default Re: vacating notice

When did your fixed term end ?


QLD RTA rules:

If the tenant stays on past the end of the fixed term agreement without a new fixed term agreement being signed, the agreement becomes a periodic agreement.
If the end of the term hasnt been reached, you need to pay till the end of the term.

If you have not confirmed that you will be staying past the last day, and have not paid past the last day, then you should not be liable. That is in my opinion (but I am only a landlord).

Before the end of a fixed term agreement, the tenant and the lessor/agent need to decide whether the tenant will: -
  • move out;
  • stay on under a periodic agreement; or
  • stay on under a new fixed term agreement.
http://www.rta.qld.gov.au/at_the_end...agreement_.cfm
QLD does appear to be 14 days, for either party. I thought it was longer for the landlord to give notice, but that must be NSW...
 
Old Feb 25th 2009, 9:09 pm
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Default Re: vacating notice

Originally Posted by ABCDiamond
They would have had to give you much more than two weeks notice.

Did you get a notice in writing or anything ?





Hi ABCDiamond

No we didnt get anything in writing. our lease ends 3rd march 09
and the rent is paid up till then

thanks

ann
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Old Mar 1st 2009, 10:17 am
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Default Re: vacating notice

Originally Posted by lee10ann
Hi ABCDiamond

No we didnt get anything in writing. our lease ends 3rd march 09
and the rent is paid up till then

thanks

ann
I would contact the Rental Tennancy Authority for advice quick.
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Old Mar 1st 2009, 11:35 pm
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Default Re: vacating notice

Originally Posted by ABCDiamond
When did your fixed term end ?


QLD RTA rules:



If the end of the term hasnt been reached, you need to pay till the end of the term.

If you have not confirmed that you will be staying past the last day, and have not paid past the last day, then you should not be liable. That is in my opinion (but I am only a landlord).



QLD does appear to be 14 days, for either party. I thought it was longer for the landlord to give notice, but that must be NSW...
pretty sure I read it had changed to 2 months here in QLD too, can't remember where though!
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Old Mar 2nd 2009, 12:36 am
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Default Re: vacating notice

Give these people a call they are brilliant & its free service, make an appointment to see them, they were brilliant with us when we were getting bullied by our REA & the landlord, we had to take them to small claim court in Southport to get our Bond back.


Tenancy Advice & Advocacy ServiceTenancy Advice & Advocacy Service


7 Scarborough St
Southport, QLD 4215

(07) 5591 1102‎

Best of luck.
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