Lease Expired - Now What?
- Thread starter rachels
- Start date
I always get a new lease signed for three main reasons -
Landlord insurers want a lease with an end date and not a month to month lease (goodness knows why).
If you don't have a lease you could find youself with tenants who leave the week before Christmas.
Any work that needs doing (new kitchen, painting, floor polishing) will need to be booked ahead. If your tenant suddenly gives two weeks' notice they are leaving you may have to wait for your tradies. With a lease you can organise well in advance and lock your trades in.
I end our leases mid to late January to catch peak transfer time and new school time.
Landlord insurers want a lease with an end date and not a month to month lease (goodness knows why).
If you don't have a lease you could find youself with tenants who leave the week before Christmas.
Any work that needs doing (new kitchen, painting, floor polishing) will need to be booked ahead. If your tenant suddenly gives two weeks' notice they are leaving you may have to wait for your tradies. With a lease you can organise well in advance and lock your trades in.
I end our leases mid to late January to catch peak transfer time and new school time.
thanks for the feedback wylie. I guess I was right then and I was wondering if I was not normal as I asked the agent to renew the lease in Feb when it expired but he forgot. I got hold of him to renew it yesterday and I hope he gets it sorted out soon. The renter is one of their best clients who owns businesses around the area and lease a number of properties though them and the agent sent out the forms in Feb but they were never returned apparently.
So it is currently on periodic lease... I don't think you can force them into a renewed lease if they don't want to sign.. Otherwise you would have to give them 90 days notice to get them out..... If this was done before and chased up before end of lease then you could of said sign the new lease or move out at end of lease!
Hit them up.. They may resign but if they don't just be aware it may be a while before u can get them to leave under tenancy laws...
Hit them up.. They may resign but if they don't just be aware it may be a while before u can get them to leave under tenancy laws...
In NSW
In Victoria you cant Force a tenant to sign a lease.
In NSW I dont think they have this law.
I hope this helps,
SeafordSunshine
In Victoria you cant Force a tenant to sign a lease.
In NSW I dont think they have this law.
I hope this helps,
SeafordSunshine
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You cannot force them in Queensland either. I know agencies that forward a notice to leave with the new lease, so that if they don't sign, the notice to leave can be enforced.
I've never done that, but we have a relationship with our tenants, so it has never been an issue for us. It used to not bother me too much, but with landlord insurance it can be problematic if the don't sign the lease.
I've never done that, but we have a relationship with our tenants, so it has never been an issue for us. It used to not bother me too much, but with landlord insurance it can be problematic if the don't sign the lease.
Once again, the requirement for a notice to leave to finalise a lease that already has an end date was not the doing of PMs or good tenants and owners. The PM and tenant already had the option of forming a new agreement that was periodic, either at first or at the conclusion of the present lease.
One constantly wonders when those who advise, change and interpret the tenancy regulations will put the needs and expectations of the substantial majority of good tenants and good owners first. It is a constantly growing area of government bureaucracy. Parties who used to have simple agreements and simple choices now need a lawyer in their pockets to assist, such is the number and effect of counter-intuitive decisions by tribunal members.
Honestly, how many tenants or owners would ever imagine that the end of a contract was not the end and their responsibilities continued without a conscious decision and agreement between the affected parties?
I do not disagree with a term lease becoming periodic but it should never have been regarded as an automatic switch. It is also very unfair to prospective tenants who need a date for availability to plan their own lives.
One constantly wonders when those who advise, change and interpret the tenancy regulations will put the needs and expectations of the substantial majority of good tenants and good owners first. It is a constantly growing area of government bureaucracy. Parties who used to have simple agreements and simple choices now need a lawyer in their pockets to assist, such is the number and effect of counter-intuitive decisions by tribunal members.
Honestly, how many tenants or owners would ever imagine that the end of a contract was not the end and their responsibilities continued without a conscious decision and agreement between the affected parties?
I do not disagree with a term lease becoming periodic but it should never have been regarded as an automatic switch. It is also very unfair to prospective tenants who need a date for availability to plan their own lives.
