Correct notice of fixed term and increased rent.

Hello.
I am renting privately, started off on a fixed lease, rolled over to a periodical nearly 6 months ago, I think 17th Aug.
I sent my landlord an email about something unrelated, and when he replied 7 days ago (27 Jan), he also mentioned that he would be mailing me a new fixed term lease to sign, and that the rent is being increased from $300 to $350 per week, due to increase in council and water rates. But the problem is he said the new lease will take effect on 10th Feb.

Don't you have to give 30 days clear notice of a new fixed lease, and also 60 days clear notice of an increase in rent?
I'm pretty sure it says that on the Dept of Cons Protection website (WA), but just asking for confirmation in case I've missed something and the 30 days and 60 days don't apply here.
So to recap, currently periodical and he's given me 13 days (clear) notice of not only a new lease commencement date, but also a $50 increase in rent.

Next question, if I tell him he has given me the wrong notice, can he now say "Oh okay, 30 days from when I gave you notice then, so the lease will now start 27th Feb instead of 10th Feb"?

I'm trying to hold on to as many days as I legally can at the lower rent, as the $50 increase is going to kill me.
I did think about allowing both the lease and higher rent to take effect on 10th Feb like he wants, simply to avoid making a fuss. But I have already let him get away with lots of stuff, simply because I wanted to avoid making a fuss and didn't want to seem pushy. This includes but is not limited to the following:
Didn't have a full set of keys until 6 days after I moved in, extremely inconvenient for various reasons...
36 hours before I moved in, he told me the oven hasn't worked for years but he would put one in for me. I eventually got one after 3 months, but had to ask a few times.
Didn't give me a copy of a PCR, probably didn't do one. I think you have to do one by law, or is that only in the new laws from 1st July 2013? Not sure.
Shower was backing up not long after we moved in, emailed him and texted him, suggested getting a plumber, no response, couldn't use shower for a week and he eventually agreed to me getting a plumber.
Dangerous leak in lounge ceiling near power point, he knew about it before I moved in, in fact he's the one who told me about it, and next time it rained I found some of my books had been damaged and the rain was coming right down near a power point. Still not fixed or investigated.
Dangerous leak in laundry ceiling, slipped on it first time it rained, emailed and txt him immediately, no response, then said he'd be in town in a month so would look at it, then changed his mind and came 2 weeks after that, still not fixed or investigated.
None of the required notice for inspections (not that it bothered me, but still...).

So just clarifying that I'm sick of letting him get away with stuff and not going to do it regarding this notice of new lease and notice of rent increase, as it will cost me money and I've already spent a lot on this place.

I posted the above ^^ on another forum and ppl had differing answers, even differing interpretations of what they found on the dept of Cons Protect website.
For example, this here -
http://www.commerce.wa.gov.au/ConsumerProtection/PDF/Publications/RentIncreases.pdf

It unfortunately doesn't have an example question that reflects my situation, ie going from a periodical to a fixed.

I have spoken to Three ppl on the Cons Protect advice line, and received Three different answers even from them!
The last one I spoke to said that the LL in *this* situation is not required to give me any notice at all of new fixed term. He also said that because it's a brand new one all on its own (not a fixed lease renewal at the end of previous fixed), that even the rule that rent increase during the first 30 days of new fixed term, doesn't apply here.
Anyone know for definite what is true, please?
Like I said, got 3 different answers from Cons Protect, so don't know if the 3rd answer was the correct one...
 
Call the tenants advice line and get a real legal opinion. 9221 0088 - its busy but you can just keep trying until you get through. Generally quieter in the afternoons.

Consumer Protection are known have different opinions on technical matters, and aren't legally supervised as far as I know.
 
Also, you don't sound very happy where you are... but you want to sign a new fixed term tenancy with a rent increase? What's the go there?
 
Really can not afford to move, thatbum. It would cost at the very least $400 to hire the truck, no one to drive it and no one to help me move except my daughter who has a baby.
Yeah I've been trying the tenants advice line at Murdoch for days, keep getting the message saying they're busy.
Rang tenants advocates in this town but no appointment for over 2 weeks. Been ringing the local Cons Protect woman for a few days but every time she's out of the office or busy with client. Today she's not actually at work, and tomorrow is in court all day.
God! lol

You might be able to assist me here just with your opinion -
http://www.austlii.edu.au/au/legis/wa/consol_act/rta1987207/s31b.html

Does that not say clearly that rent will not increase until 30 days into the lease?
The section 76C it refers to is the bit where it says that a fixed will roll over to a periodic with same conditions, so surely it applies to me? Is that how you read it?

And I really need to know if it's allowable for him to only provide me with 13 days notice of a new lease, as it's in the mail on its way to me now and starts in 6 days.
 
If the new lease was a "renewal" then I would agree that rent for first 30 days could not be increased.

However, my interpretation of the link you have provided is pretty clear "that is to commence immediately after the end of the term of the former agreement".

Your previous agreement was a fixed lease which reached the end of its term and then went periodic.

You don't have to accept the terms of the new fixed lease, in which case you would remain on periodic, however, the LL would then most likely serve you with the required 60 days to vacate.
 
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Sixty days to vacate, you mean.
I'm happy to stay at the house, can't afford to move, so happy to sign new lease, I guess.
The bit you quoted, it also says "whether under the terms of the agreement or under section 76C,"
Section 76C states that a periodic has same conditions as the lapsed (previous) fixed term.
So surely that means "that is to commence immediately after the end of the term of the former agreement or periodic that has same condition as the preceding fixed one"?
 
Haha way to pick a really grey section and issue under the new RTA. I've been grappling with this issue recently actually.

I tend to lean towards your interpretation but its really poorly worded and not clear.

Anyway, when you get a chance, call the tenants advice line and ask for an opinion from the supervising solicitor.
 
Sunnies

You appear to want to stay at the property although you are not happy with your Landlord.

Have you actually contacted your LL by phone or in person to discuss your situation and longer term intentions and possibly negotiate a mutual acceptable resolution? If not , why?

You obviously are well read on the legislation and your choice to take an adversarial approach with the LL rather than negotiate in good faith may (or may not) save you a few hundred dollars in the short term, but I guarantee it will bite you in the bum longer term.

Rent was $300 but is going up to $350. Is this market rent? If the $350 is reasonable for the property (and you are prepared to sign a new lease on this basis), then you were obviously getting a pretty good deal previously at the $300pw.

I try to be a little flexible with existing tenants, however, if they started playing games without first discussing their concerns with me, then they would either be given notice of termination or their renewals would include some provision for my pain and suffering.:rolleyes:
 
I would inform the LL that it needs to be 60 days notice.

That's a pretty big increase. As mentioned is $350 market rent? If not you can talk to the LL (or agent) and say it's too much. See if you can get it reduced. I have tenants always trying to negotiate. List the issues you havfce put up with already.
OR you can go to tribunal- list the problems and the unfair rent hike (if it is unfair).
You say you can't afdford a truck for $400 but you will be down $400 in 8 weeks of higher rent.

Are properties really that hard to find?
 
I've been trying to call the tenants' advice line every day, but no answer. Sometimes it says advisors are busy please call back, sometimes it actually doesn't ring and says "connection failed" on my phone screen. Don't know what's going on there.

thatbum - yeah I rang cons protect today again and spoke to 2 ppl who again gave me 2 different answers. Then when I asked one of them to look at sections 31b and 76c, she agreed that yes you do get the 30 days' grace. I asked for her name and asked her to re-read it and confirm that she was absolutely sure, and she said yes.
Also, the local cons protect rep told me yesterday that yes youdo get 30 days' grace. Didn't have time to query her on how sure she was, as she on her way in to a client.

Joe D - Yes I wrote the LL a rather long email just about begging him to reconsider, pointing out his breaches politely, proposing a $20 increase now and another $10 later on, but no luck.
I do totally get where you're coming from regarding me taking an adversarial approach, but honestly I don't think I am. There have been so many mistakes by him that I've let slide, but in this case I don't want to let it slide because that would cost me $200 (four weeks at the increased rate). If you see what I mean.
And just this afternoon I've received the new lease in the mail but it's on a Form 24A. Cons Protect told me yesterday that I should be expecting a Form 1AA from LL, so another spanner in the works, as I don't know if this 24A is correct or what to do about it, until I can ring Cons Protect again tomorrow.
The lease is supposed to be commencing on Monday.

Is 350 market rate for this place? If I'm honest it probably is, but without the ceiling leaks and without LL storing his stuff in locked garden shed and another locked room.
Not sure if the original 300 was to reflect the fact that he is storing stuff here, as I didn't get a copy of the original lease but I don't "think" there was mention of him storing stuff on the lease. Might be wrong.
In his short reply to my long-winded begging email, lol, he said that market rate for this place is 400 (not true, decent 4 x 2s are going for 400 in this suburb) and that he was doing me a favour by charging 300 previously.

Regardless, even if 350 is market rate now, I would still not want to pay the first 30 days ($200) IF I'm not required to.

Trying to get a face-to-face appt with local cons protect rep like she herself suggested, been leaving messages, no reply.
 
And just this afternoon I've received the new lease in the mail but it's on a Form 24A. Cons Protect told me yesterday that I should be expecting a Form 1AA from LL, so another spanner in the works,

Form RT24A is the old DOCEP lease template which has been superseded.

So, based on your initial comments and the comment above, I'm guessing the LL is not even aware of the RTA changes that came into force in July 2013 and this is the cause of your problem

I suggest a simple polite email to the LL highlighting your confusion on this matter with a link to the Consumer Protection website may help solve the issue.

http://www.commerce.wa.gov.au/consumerprotection/Content/Property_renting/Renting/NewRTALaws.html

The key will be all about how you make this known to the LL.
 
Thanks Joe D, yes I'm going to email him and just politely say that I have received the lease but unfortunately it's on the wrong form, the 24A isn't used any more. Or something.
Still haven't been able to get Tenants Advice on the phone, and still getting conflicting answers from Cons Protect about the 30 days' grace. As I said before, I did get one woman at Cons Protect to read sections 31B and 76C while on the phone to me, and she did agree that yes you do get the 30 days. Local rep also says same, but then consumer protect today again said no you don't get 30 days' grace. LOL!!
If I'm not entitled to the 30 days, then fine, but I just wish they'd make up their minds. As has been said, It's obviously Tenants Advice I should be speaking to, but been trying to get hold of them every day, and still no luck.
 
Landlord also needs to send you a form 10 to advise of rental increase and amount. My understanding is that if tenant is signing a new lease the rent can't increase until at least 30 days into new lease.
I found that in writing on the website. It should be written clearer on the new lease forms!
 
Thanks Joe D, yes I'm going to email him and just politely say that I have received the lease but unfortunately it's on the wrong form, the 24A isn't used any more. Or something.
Still haven't been able to get Tenants Advice on the phone, and still getting conflicting answers from Cons Protect about the 30 days' grace. As I said before, I did get one woman at Cons Protect to read sections 31B and 76C while on the phone to me, and she did agree that yes you do get the 30 days. Local rep also says same, but then consumer protect today again said no you don't get 30 days' grace. LOL!!
If I'm not entitled to the 30 days, then fine, but I just wish they'd make up their minds. As has been said, It's obviously Tenants Advice I should be speaking to, but been trying to get hold of them every day, and still no luck.

Pm thatbum like he mentioned. This stuff is his job.

Landlord also needs to send you a form 10 to advise of rental increase and amount. My understanding is that if tenant is signing a new lease the rent can't increase until at least 30 days into new lease.
I found that in writing on the website. It should be written clearer on the new lease forms!

Thats only if signing another fixed lease at the end of a fixed lease. Periodic to fixed is a bit grey.

Cheers
 
A bit, you reckon? Haha, not wrong there :p

The way i see it is you have 3 options

1: sign the new fixed lease. It is a new agreement so anything can be put in the lease including rent increase if you agree to it and it does not contradict the tenancies act.

2: negotiate with the owner to come to a better deal for yourself

3: refuse to sign the lease and stay periodic with the chance you maybe given 60 days notice to vacate. You could in tern find another place and give the 21days notice to leave.

Let us know how you go with the tenant advice line.

Cheers

If you sign a new lease, the following changes are enforceable if you agree to them:

Changes to rent payment method (unless the only option is paying through a third party)
Changes to the amount of rent (it is probably not possible to challenge the amount of a rent increase if you agree to it)
Changes to the services that the landlord agrees to pay for (eg gas, water, electricity) ? see our FAQ on who pays. http://www.tenantsact.org.au/FAQRetrieve.aspx?ID=36385&Q=
Changes which exclude part of the premises from the agreement (eg you can no longer use the garage)
Changes which limit your right to exclusive possession of the premises e.g. your right to do what you want at your property (if the lease says you cannot have pets or smoke, the Tribunal sees this as a valid limit on your right to exclusive possession).

Remember that you cannot be required or made to sign a new agreement.
 
Tried to negotiate, no luck.
Have to sign really, as can't move house. Will still be meeting with Cons Protect on Monday, and will continue to try Tenants Advice line.
Did have good chat with another member here, who's help is very much appreciated, as they know what they're talking about.
Will let you know what eventuates, in case it might help a future reader.

Edit: can't risk just not signing, as I am sure he will then give me 60 days to vacate, and can't take that risk.
 
Just a quick update if anyone's interested - I sent LL an email saying yes I am definitely signing the lease, but that he'd sent it to me on the wrong form (24A). His reply made it clear he didn't believe me, and then next day sent email saying he's "handing it over to a PM tomorrow", that was a few days ago.
Got email from PM today asking to come round to do a rent appraisal.
LL had previously told me that if he were to pass it to a PM in future, he would be charging $400 (currently $300, was going to go up to $350 without PM).
So we'll see what the new rent is going to be when I receive my new lease, after PM has been here. Hopefully, she will take into consideration what else is available around here for either 350 or 400. :(
 
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