nicolac34 Posted January 14, 2013 Share Posted January 14, 2013 I'm hoping that someone on here has either gone through something similar or has some knowledge of tenant rights (preferably in WA!) We have a fixed term tenancy that comes to an end on the 10 Feb 2013. Our landlords, for some reason, thought we were moving out at the end of the tenancy agreement and have agreed to rent the flat out to a 'friend of a friend'. We only found this out last week when I emailed them and asked what was happening about the renewal of the lease agreement as we wished to stay. They've now told us by email they want vacant possession as of the 10 Feb 2013. This gives us 4 weeks notice to move out - which we are not happy about in the slightest. From what we've read on the Consumer Protection website the landlords cannot end a fixed term tenancy early unless we breach our tenancy agreement. At the end of a fixed term lease it rolls into a periodic lease at which point they can serve us 60 days notice. There's no mention of what happens at the end of a fixed term lease and whether they can have it back with little notice at that point. We phoned consumer protection and they said the landlords can have it back on the 10 Feb with no notice required - we think this leaves tenants at a severe disadvantage and are wondering if the woman we spoke to is correct. Any legal eagles out there able to shed any light? Link to comment Share on other sites More sharing options...
Tickled Pink Posted January 14, 2013 Share Posted January 14, 2013 I believe the end of the lease is just that, they have no obligation to renew or give you any more time beyond that point. If the end date of your contract is 10th Feb they are not ending your tenancy early, rather just not agreeing to renew it... Link to comment Share on other sites More sharing options...
nicolac34 Posted January 14, 2013 Author Share Posted January 14, 2013 I believe the end of the lease is just that, they have no obligation to renew or give you any more time beyond that point. If the end date of your contract is 10th Feb they are not ending your tenancy early, rather just not agreeing to renew it... So they don't need to tell us that this is the case? I know we know now, but only because we asked. They could just show up on the 10th and expect us to be gone? We've asked them for a reference (as according to them previously we've been 'exemplory' tenants and they are desperatly sad to see us leave....) and they've come back and said that since we are refusing to abide by our tenancy and move out on the 10 Feb (we've not said we wont, we haven't replied as yet to the email sent on Saturday) that they are not giving us a reference. We actually are dumbfounded - it's like they've had personality transplants over night and have gone from being friendly cooperative landlords to just telling us to get out and find somewhere else - without a reference! Link to comment Share on other sites More sharing options...
Tickled Pink Posted January 14, 2013 Share Posted January 14, 2013 Sadly for you, I think that yes they are within their rights not to enter into discussion on this. Its similar to an employment contract, if you were employed until a certain date there would be no need for anyone to discuss when that terms expires as it is clearly noted in a contract that you have both signed. I agree that not giving you a reference sucks... Link to comment Share on other sites More sharing options...
Que Sera Sera Posted January 14, 2013 Share Posted January 14, 2013 I think on a fixed term contract it's just that a fixed term. They are giving you 4 weeks notice. Whether or not it goes onto a periodical lease is up to the landlord. Is there an agent? Perhaps ask them to help you with a new rental. Link to comment Share on other sites More sharing options...
nicolac34 Posted January 14, 2013 Author Share Posted January 14, 2013 No, not through an agent - dealt directly with the landlords which up until this point has worked out really well. We've said we'll move out by the 10th of Feb, can't be bothered to argue and it's just left us feeling very upset. Just not sure how we are going to find somewhere else when our only other rental in Oz for the past 18 months wont provide a reference. Link to comment Share on other sites More sharing options...
calNgary Posted January 14, 2013 Share Posted January 14, 2013 Its a bit naughty that they didnt ask you if you were looking to renew the lease before 'promising' the property to someone else, but as others have said the date your lease ends is the date you need to return the keys and have the property clean by, so in all fairness you would probably need to vacate the day before at least. (its always easier to clean an empty rental) Cal x Link to comment Share on other sites More sharing options...
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