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...
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...