Forgot to Reissue Fixed Lease - Now What?

[softmonkey]

Tenant's fixed lease expired 8 Jul 09, a week ago. I should have sent out the new lease about 5 weeks ago, but I missed this one.

Can I just issue a new OCBA fixed lease form giving them 1 month's notice (and effectively having them be periodic for 5 weeks), ie:

I give you notice that your current lease expires on _15/8/09_.
I wish to offer you an extension of your lease for a further _12_ months.
The new lease will expire on _15/8/10_

Or are they stuck on periodic now?

 

[rugrat]

You can certainly offer them a new lease.

 

[jaycee]

Think they are periodic and you can offer them a new lease...

 

[lura]

It doesn't matter that they are on a periodic lease - just give them a new lease.

Bear in mind it doesn't have to be 12 months - so you can have any start date and any finish date - as long as you and your tenant agree.

 

[Fudge]

This may be correct in that you can start it whenever, but may be different if you want to increase rent on property from its current figure??

In Queensland, as of the first of this month, if you are are wanting to increase the rent at the end of the tenancy, you now need to give 2 months notice. Even if the tenants are on a monthly periodic lease.

So, unfortunately, if the property is currently being rented under the market rent, then 2 months notice is now required. Within this time, the tenant on a periodic lease could quite possibly jack at the end of one month. (Best to go for fixed term tenancy however)

Thats why I guess you need to have confidence in the rental manager always reviewing rental appraisals and acting on market trends.

I assume the above to be correct, and have taken the info on board from a real estate manager, but I am sure you guys out there will know if accurate.

 

[Bazza]

So, unfortunately, if the property is currently being rented under the market rent, then 2 months notice is now required. Within this time, the tenant on a periodic lease could quite possibly jack at the end of one month. (Best to go for fixed term tenancy however)

Worse then that Fudge. The tenant only has to give you two weeks notice under a periodic agreement now. No quite fair

Cheers,

Bazza

 

[lura]

You can offer the new lease at any time after the expiry of the first lease.

In Qld, if you want a rent increase, it must comply with the following:-
1. you must give 2 months notice in writing for the rent increase and
2. it must be more than 6 months since the last increase

Bazza is right, whether the tenant is on a fixed or periodic lease, any rent increases requires both conditions above to be met.

 

[softmonkey]

Just to finish off this thread: I sent a new lease as described. It included a rent increase and 1 month's notice, hopefully sufficient in SA. While it was in the post the tenant actually emailed me to remind me it was overdue and asked me for a new lease So obviously, they were fine to sign it. They got a few extra weeks at the old rent, so happy all round, really.

 

[Perp]

I think if they'd not wanted to sign a new fixed-term lease, that your only option would be to evict for no reason (based on the periodic tenancy), then offer new tenants a fixed-term lease. The tenants you evicted for no reason are welcome to apply to be the new fixed-term tenants.