Captain Roberto Posted May 7, 2016 Share Posted May 7, 2016 Hi there. We've been renting here for over 9 months, and at the end of our 12 month lease we want to move to a cheaper and more suitable rental (we've seen a few that tick all the right boxes about) When would be the right time to start seriously looking? I'm sure it's not an area specific thing, but we are in Sydney fwiw. (Ballpark). Thanks in advance! Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
paisleylass Posted May 7, 2016 Share Posted May 7, 2016 A couple of months before the end of your current lease I reckon. The REA will probably start badgering you to sign a new lease around 6-8 weeks before the current one expires. You may end up with overlap of a few weeks, we find that is just part of renting! Link to comment Share on other sites More sharing options...
Captain Roberto Posted May 7, 2016 Author Share Posted May 7, 2016 Great - any top tips from anyone, they'd be most welcome. We've not moved from one rental to another, so any gotchas, advice and ways to make it work best would be good. Here's some questions: Would we need to pay the bond on the next place before we get the bond on the current place back? We'd ideally like to avoid paying on 2 places at once (even for a week, as it would cost a lot!) - can it be worked so the overlap is minimal? Thanks in advance! Link to comment Share on other sites More sharing options...
vickyplum Posted May 7, 2016 Share Posted May 7, 2016 Great - any top tips from anyone, they'd be most welcome. We've not moved from one rental to another, so any gotchas, advice and ways to make it work best would be good. Here's some questions: Would we need to pay the bond on the next place before we get the bond on the current place back? We'd ideally like to avoid paying on 2 places at once (even for a week, as it would cost a lot!) - can it be worked so the overlap is minimal? Thanks in advance! Q1 - you will only get your bond back after you've moved out. So in order to secure your new place, you'll need to pay the bond before you move in. So yes, I can't think of any other way in which you'd get your bond back before paying the new bond (unless you were in non-rented accommodation in between rentals). Ideally you would have a few days overlap, so you have time to move out and get the place cleaned up, and it's not being done in one big rush. Q2 - you probably could work it out so you get only a few days overlap, but of course it would mean finding somewhere to move into, that dovetails with your move out date. It can be done but you'll limit your options when looking for new places and probably cause a few more headaches on the way! Link to comment Share on other sites More sharing options...
itegoa Posted May 7, 2016 Share Posted May 7, 2016 Hi there. We've been renting here for over 9 months, and at the end of our 12 month lease we want to move to a cheaper and more suitable rental (we've seen a few that tick all the right boxes about) When would be the right time to start seriously looking? I'm sure it's not an area specific thing, but we are in Sydney fwiw. (Ballpark). Thanks in advance! Your 12 month period rental will roll over onto a periodic agreement after those 12 months. Quick look at NSW's tenancy rules says that you can give 21 days notice to vacate. I'd say about 4 weeks before end of the 12 month agreement. Start looking and applying for a new place after that. When accepted for a new place, give the required 21 days notice on the old place, and choose a date start for the new place give a few days overlap to move your stuff over and get old place cleaned, etc. Link to comment Share on other sites More sharing options...
Marisawright Posted May 7, 2016 Share Posted May 7, 2016 It's unlikely the agent will ask you to sign a new lease - your tenancy agreement just becomes a month-to-month one, and you'll only have to give three or four weeks' notice (you'd need to check your tenancy agreement to see which, I can't remember!). So I would wait until about three weeks before your current lease expires, and start looking. Look out for rentals that are advertised now but won't be available for a few weeks (because the existing tenant is still in situ). If you find a property you like and it's available now, ask if you can start your lease in two or three weeks instead of immediately. Some agents will say no, but if you present yourself well, they may think it's worth giving a few weeks' grace because you look like you're going to be a good long-term tenant. Link to comment Share on other sites More sharing options...
paisleylass Posted May 7, 2016 Share Posted May 7, 2016 Hmm, well both of our tenancies, we've had to renew for fixed periods after the initial contract, and they usually insist on 12 months. Must be different in NSW! Link to comment Share on other sites More sharing options...
Marisawright Posted May 7, 2016 Share Posted May 7, 2016 Hmm, well both of our tenancies, we've had to renew for fixed periods after the initial contract, and they usually insist on 12 months. Must be different in NSW! Yes it is. Link to comment Share on other sites More sharing options...
AJ Posted May 7, 2016 Share Posted May 7, 2016 not just NSW you can just go on to Periodic Tenancy in WA and Victoria also Link to comment Share on other sites More sharing options...
Bungo Posted May 7, 2016 Share Posted May 7, 2016 Hmm, well both of our tenancies, we've had to renew for fixed periods after the initial contract, and they usually insist on 12 months. Must be different in NSW! We were always asked to sign a new lease in NSW and we did because we liked the security it gave us as well. But I am sure we didn't have to sign it and the landlord would have had to decide if they wanted to give us notice had we not signed - which would not have been in their interest because we were good tenants. Link to comment Share on other sites More sharing options...
Marisawright Posted May 7, 2016 Share Posted May 7, 2016 We were always asked to sign a new lease in NSW and we did because we liked the security it gave us as well. But I am sure we didn't have to sign it and the landlord would have had to decide if they wanted to give us notice had we not signed - which would not have been in their interest because we were good tenants. You're quite right, I've rented in several places in Sydney and never been asked to sign a new 12-month lease - but in one case I asked to sign one, because I wanted the security. Link to comment Share on other sites More sharing options...
lp77 Posted May 7, 2016 Share Posted May 7, 2016 Have you decided to stayin Sydney then? Instead of trying another city? Link to comment Share on other sites More sharing options...
Wooba Posted May 7, 2016 Share Posted May 7, 2016 What happens when you don't sign a new lease. Where I live now if you don't then you automatically go month to month at the same price. You can leave (or be asked to leave) at any time with 60 days notice. Link to comment Share on other sites More sharing options...
paisleylass Posted May 7, 2016 Share Posted May 7, 2016 The last two lease renewals, the letter we received stated that if we don't sign a new lease, we have to vacate by the end of the current lease. It's very harsh and inconvenient as we want to buy a house which is impossible to time well. We are likely to have to try and break the lease. Link to comment Share on other sites More sharing options...
Marisawright Posted May 7, 2016 Share Posted May 7, 2016 The last two lease renewals, the letter we received stated that if we don't sign a new lease, we have to vacate by the end of the current lease. It's very harsh and inconvenient as we want to buy a house which is impossible to time well. We are likely to have to try and break the lease. Are you sure that's legal? I don't know how it works in Qld, but our landlord sent us a similar letter here in England. When I looked into it, I found they hadn't a leg to stand on and we were entitled to rollover to a monthly tenancy, it was just a bluff Link to comment Share on other sites More sharing options...
paisleylass Posted May 7, 2016 Share Posted May 7, 2016 I have no idea, but I know it's a common demand in QLD! Maybe I should forward the next renewal letter to our solicitor, now we have one, and get her opinion! I can easily see us still searching for a house to buy when the next renewal comes up. Link to comment Share on other sites More sharing options...
NicF Posted May 7, 2016 Share Posted May 7, 2016 The last two lease renewals, the letter we received stated that if we don't sign a new lease, we have to vacate by the end of the current lease. It's very harsh and inconvenient as we want to buy a house which is impossible to time well. We are likely to have to try and break the lease. When we renewed the lease on our rental here in Adelaide we didn't want a full 12 months as we were building a house at the time. My OH spoke to someone at the office and they said to just cross out the 12 and put in a 6 instead and someone would let us know if it was a problem. It wasn't and fortunately we got the keys to the new house about 4 days before th end of the new lease. When you renew your lease it's worth asking if you could do 6 months instead of the full 12, which would help a bit. Link to comment Share on other sites More sharing options...
paisleylass Posted May 7, 2016 Share Posted May 7, 2016 We already changed to 6 months, amazingly! Still not that useful, but it does help reduce our potential losses if we buy a house with time left on the lease. We are finding it impossible to plan anything as home buyers. Our purchase has just fallen through and it could be weeks to months til we find a house we like again. There actually seems to be better availability of rental places, which aren't so much of a commitment, so of course you could live with compromise and imperfections. Deffo checking out this lease renewal businesses with the solicitor! Link to comment Share on other sites More sharing options...
Quinkla Posted May 8, 2016 Share Posted May 8, 2016 Hmm, well both of our tenancies, we've had to renew for fixed periods after the initial contract, and they usually insist on 12 months. Must be different in NSW! Yes - in Victoria you can roll over onto a periodic tenancy but real estate agents will move heaven and earth to stop it happening as it means you can leave at short notice, whenever you want. They will lie and cheat and pretend you will have to move out. Just hang tight. Link to comment Share on other sites More sharing options...
Quinkla Posted May 8, 2016 Share Posted May 8, 2016 Are you sure that's legal? I don't know how it works in Qld, but our landlord sent us a similar letter here in England. When I looked into it, I found they hadn't a leg to stand on and we were entitled to rollover to a monthly tenancy, it was just a bluff My experience in Australia is that the law seldom matters. Life is one long bullying trip - your interlocutor (landlord, employer, salesman) will try to work out how much you need what they have and just brazen it out. You can't usually get legal restitution within the timescale needed and they know that. Link to comment Share on other sites More sharing options...
Parley Posted May 8, 2016 Share Posted May 8, 2016 It should be up to the owner. If they can get someone to commit to a 12 month lease then they should be able to. Link to comment Share on other sites More sharing options...
Marisawright Posted May 8, 2016 Share Posted May 8, 2016 It should be up to the owner.If they can get someone to commit to a 12 month lease then they should be able to. Of course they should. My point is that the letter we got said we either had to sign up for twelve months or leave at the end of the lease, no other option. When we looked into it, they weren't allowed to do that: we had until the end of the lease to decide, and THEN if we decided to stay, they could give us notice to quit. We told them we weren't in a position to sign up a new lease owing to uncertainty about our future plans, and after a lot of harrumphing and "I'll have to talk to the owner about this", the agent went off, checked with the owner and came back to say yes, we could stay. We didn't have to sign any other paperwork as the lease automatically rolled over to month-to-month. Result - we're happy, and I'm sure the owner's happy because we've been here another six months so they haven't had the worry of finding a new tenant. That's why I'm saying, I wonder if @paisleylass said that if that was the case then regretfully they'd have to leave, but they'd prefer to stay on a month-to-month, maybe the landlord would climb down off his high horse and accept that it's better to keep a good tenant for a few months than go through all the hassle of finding a new one. Link to comment Share on other sites More sharing options...
paisleylass Posted May 8, 2016 Share Posted May 8, 2016 Indeed Marisa. We've been here nearly 2 years, paid on time every week, kept the place well - the pool guy even said it's the cleanest he's seen the pool since our landlord moved out! I don't see why we should be compelled to sign even another 6 months (if he agrees again), rather than just go periodic. But the worst thing would be if we refused to sign a lease and were given notice to quit. We don't want to go through the massive upheaval of moving to another rental when we're quite happy here! (as renters that is!) We just want to buy a house without potentially being $1000s out of pocket having to pay rent as well as a mortgage! Link to comment Share on other sites More sharing options...
Marisawright Posted May 8, 2016 Share Posted May 8, 2016 Indeed Marisa. We've been here nearly 2 years, paid on time every week, kept the place well - the pool guy even said it's the cleanest he's seen the pool since our landlord moved out! I don't see why we should be compelled to sign even another 6 months (if he agrees again), rather than just go periodic. But the worst thing would be if we refused to sign a lease and were given notice to quit. We don't want to go through the massive upheaval of moving to another rental when we're quite happy here! (as renters that is!) We just want to buy a house without potentially being $1000s out of pocket having to pay rent as well as a mortgage! I just looked up the Queensland tenancy rules https://www.rta.qld.gov.au/Renting/Ending-a-tenancy/Ending-a-tenancy-agreement So, month-to-month tenancies do exist. The bottom line is that if the landlord wants you to vacate, he has to give you legal notice. Sending you a letter saying "IF you don't sign a lease you'll have to leave" is not notice. He needs to issue you with an official form, even if it's the end of your lease. What we did: we got the first letter about two months before the end of the lease and (after checking our rights) we ignored it. He sent us another letter about a month before the end of the lease making the same threat, but by that time it was meaningless. It was already too late for him to give us notice to vacate at the end of the lease term, because legally he has to give TWO months' notice unless there's a breach of the lease. So that meant the lease automatically rolled over to a periodic (month-to-month) lease, whether he liked it or not. https://www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/Notice-to-leave-Form-12 We just said that we preferred to stay on the periodic lease, thanks very much, because although we weren't planning to move any time soon, our plans were not 100% definite. Even if he'd decided not to let us stay, he would've had to give us 2 months' notice and we decided we were willing to take the risk. Any landlord would be mad to boot out a good tenant when it's going to cost him money to find another one. If he had issued us with notice to quit, then we'd have rung up and agreed to sign a new lease and asked him to cancel the notice. So we couldn't lose really. Link to comment Share on other sites More sharing options...
paisleylass Posted May 8, 2016 Share Posted May 8, 2016 Wow, thanks Marisa! Makes me feel better. Hopefully we've signed our last lease! Link to comment Share on other sites More sharing options...
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