Expired lease



From: Eddy Morris

Hi all,

I am looking for some simple advice re a tenant who is about to give me notice that they are leaving. They are on an expired leave and have been for a couple of years. I have heard it will be in approx. 6 weeks time (and they dont know I know).

I have a prospective tenant to replace the existing tenants, albeit it will only be a short term lease..say 3 months.

I have not had very good service from my existing agent handling the property. You would think the tenant had all the rights and owner nil. I am therefore considering preparing my own lease and handling lease payments direct into my account.

I am also going request the agent tomorrow to do a inspection this week.

1. Does anyone have a standard lease (say in Word or WordPerfect) they could email to me? (emorris@homecare.nsw.gov.au) (in advance, thank you).

2. When prepared and signed doesnt the lease have to be registered with someone?

3. The bond of 4 weeks was established some years ago when the rent was $145 pw. It is now $165pw. Does this mean the agent should have sought in increase in rent and lodged it with the Rental Bond Board (NSW) so that the tenant had 4 weeks @ 165pw (current rent)?

4. another other bits of advice you would like to give would be gratefully received.

Thanks everyone,

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Reply: 1
From: Alan Hill


You can purchase a standard 'lease pack' from most newsagents or the State Office of the Real Estate Institute. They don't cost much and have full leases, bond lodgement forms, booklet that you are required to give to the tenant at the beginning of the lease etc. NB. Normal residential leases don't need to be lodged anywhere however you will need to lodge the Rental Bond.

All details are in the pack. Good luck.
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Reply: 1.1
From: J Parker

Eddy, the tenancy kit is great and will give you all you need. However, you may also like to include special clauses in your lease to cover yourself against unwanted surprises. Eg- pets clause (yes or no), maintenance of property, no unregistered cars to be kept at property etc. If you are serious about self-mananging, read S.Bilosh's "The Australian Landlord's Handbook"- very easy to read and helpful.
As for the bond, I know that it is standard to charge a bond equivalent to four weeks rent. Good luck!
Cheers, Jacque :)
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Reply: 1.1.1
From: Sim' Hampel

In SA you are not allowed to take any more than 4 weeks rent as a bond - not sure what it's like elsewhere. However, I am not too sure on the legal situation with rent increases. In my experience as both a tenant and a landlord there has never been extra money lodged to "top up" the bond.

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