NSW Tenancy Laws

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Kooky
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NSW Tenancy Laws

Post by Kooky » 3rd Mar, '09, 10:49

Anybody know if there is such a thing as a legal month-to-month lease in NSW?

In Singapore when our lease ran out it suited both parties to go month to month on the understanding either side would give two months' notice to end the agreement.

We're coming to the end of our first year's lease here and the LL is pushing for another year or at the very least six months. We'd like three months but he says it's too much hassle doing the paperwork; I thought it was possible to have an arrangement like the one above (which would suit us even better) but want to check my facts before suggesting it to him.

I can't see mention of it on the Tenants' org site, just thought I'd check here before ringing anybody up.

edit: typo
Last edited by Kooky on 3rd Mar, '09, 10:53, edited 1 time in total.

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Re: NSW Tenancy Laws

Post by Pinklepurr » 3rd Mar, '09, 10:55

There is in Victoria, our tenants have one.

(However Victorian tenancy laws are a thing to themselves).

Edit: I think there is what they call a "continuing tenancy" in NSW, where there is no fixed period for the lease to expire but you still have a contract.
Last edited by Pinklepurr on 3rd Mar, '09, 11:04, edited 1 time in total.
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Kooky
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Re: NSW Tenancy Laws

Post by Kooky » 3rd Mar, '09, 11:16

Thanks PP, my googling suggests the same.

He's also offered same rent for a 12 month lease but will put it up if we don't agree to that, which we're not very happy about and will fight. TBH I'm not very happy with the letter he sent us so would be out now if I could, but moving twice - assuming we get PR and buy this year - would be an expensive hassle.

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Re: NSW Tenancy Laws

Post by Kooky » 3rd Mar, '09, 12:47

So Neo's found our TA and it actually states that how it works at the end of the fixed period. He has to give us 60 days' notice, we have to give him 21. We'll point that out to him, offer to give more than 21, and see what he says.

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Re: NSW Tenancy Laws

Post by daffodil » 3rd Mar, '09, 13:58

In my experience, it is pretty standard to revert to month-to-month at the end of the tenancy and for the owner to review the rent at that time.

Depending upon market conditions, a rent increase is normal too unless locking in for a period agreeable to the LL. So what he is suggesting appears to be normal practise, notwithstanding that it's a bugger for you!
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Re: NSW Tenancy Laws

Post by Kooky » 3rd Mar, '09, 14:33

I don't think it's worth more without him making a few improvements (most of the bathroom fittings are so old they are broken, and were when we moved in - noted down of course - and the fence is totally rotten, plus internal woodwork is very worn).

If he stands firm we'll have to weigh it up against the hassle of moving. We could move into an apartment bigger than this house and save about $150 a week if they would take the kits, and that would more than cover the cost of moving.

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Re: NSW Tenancy Laws

Post by Pinklepurr » 3rd Mar, '09, 15:36

Good luck with your negotiating, I hope it goes smoothly! Are you sure he isn't related to your neighbour, they sound very similar.
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Re: NSW Tenancy Laws

Post by Kooky » 3rd Mar, '09, 16:27

He's ok really but an absolute wittering old woman. I should scan the welcome letter we got - how to clean everything, right down to the brand of mop to use, how not to spill food on the (ancient) hob, how to clean the oven (so dirty when we moved in that we've never used it), and how not to open the front door when the patio doors are open because it's windy in North Sydney (no shit, Sherlock) - that kind of thing. He apparently had model tenants before us but the place was so filthy when we moved in that we had to bottom it ("Oh but they had it professionally cleaned." 'Really? I think they were robbed.")

At least he rang and apoligised after he'd scolded me for not telling him sooner about the termites. Err, you were in Europe for a month, and we told you as soon as you got back???

He has hardly any expenses for this place - they've had it over 30 years - and he's played the "we need the rent to live off" emotional blackmail card, which if I'm honest is what's really put my back up.

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Re: NSW Tenancy Laws

Post by Zephyr » 3rd Mar, '09, 22:49

Sounds like a right SOB! The temerity to tell you how to clean when it was filthy to start with! I hope you pointed out the filth that was there initially.

I've seen how you live K and your house in Geylang was pretty much immaculate.
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Re: NSW Tenancy Laws

Post by Tas » 5th Mar, '09, 06:32

I've always had role over to month by month rent after a continuous 12mth lease - so personally think the paper work thing may have an element of blackmail BS to it.
The rent rise thing isn't un normal. It's swings and round abouts. There is argument that available properties are down - can't say I've really seen it in the price range which you are renting in in the realestate sections. Your issue with the kits stands as your main bottle neck irrespective of rental climate. However, any mortgage they've got at the moment, they should be raking in more as the interest rates have come down drastically - so there is a poor argument for them if they are saying they have reduced income as that is not likely to be true as it should have increased.
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