A tenant has indicated they are going to break their lease (South Australia), although they have not given anything in writing yet.
I have had a look at the SA tenancy rules and I haven't found anything that specifically says I have to advertise the property at the same rent paid by the previous tenant, although maybe I haven't looked hard enough. Regardless, I imagine that unless I push the PM to do otherwise, they will sign up a new tenant for 12 months at the same rent. I would prefer that if I must advertise for the same rent, that the tenant be signed up on a very short lease for < 6 months so that I can give them a rent increase at the same time I would have normally done. However I'm sure this is either not allowed and/or PM is likely to resist?
BTW The legislation does seem to be saying that a landlord may pass on the water rates and supply charges, if it's written into the agreement, something which several PMs including my own have told me is not possible. Page 21
http://www.legislation.sa.gov.au/LZ/C/A/RESIDENTIAL%20TENANCIES%20ACT%201995/CURRENT/1995.63.UN.RTF
"the landlord may require the tenant to reimburse the landlord for rates and charges for water supply that are to be borne by the tenant under the residential tenancy agreement "
I have had a look at the SA tenancy rules and I haven't found anything that specifically says I have to advertise the property at the same rent paid by the previous tenant, although maybe I haven't looked hard enough. Regardless, I imagine that unless I push the PM to do otherwise, they will sign up a new tenant for 12 months at the same rent. I would prefer that if I must advertise for the same rent, that the tenant be signed up on a very short lease for < 6 months so that I can give them a rent increase at the same time I would have normally done. However I'm sure this is either not allowed and/or PM is likely to resist?
BTW The legislation does seem to be saying that a landlord may pass on the water rates and supply charges, if it's written into the agreement, something which several PMs including my own have told me is not possible. Page 21
http://www.legislation.sa.gov.au/LZ/C/A/RESIDENTIAL%20TENANCIES%20ACT%201995/CURRENT/1995.63.UN.RTF
"the landlord may require the tenant to reimburse the landlord for rates and charges for water supply that are to be borne by the tenant under the residential tenancy agreement "