Query abt Tenancy agreement - VIC

I've property in VIC on annual lease. Lease is about to end and we have send the rent increase notice with new lease, tenant has decided to browse around.

I am thinking, until what time tenant can hold off making decision. Is it the last day of lease or 28 days prior to end of existing lease.

Checked online it says tenant needs to give 28 days of notice if they want to vacate the property but does it mean they also need to advise us 28 days before end of existing lease if they are going to sign new lease or not?
I am confused....can someone pls clarify...
 
28 days notice can be given any time prior to the expiry of the lease ie they can give notice on the last day if they want to, same applies to you if you want to terminate the lease.
 
28 days notice can be given any time prior to the expiry of the lease ie they can give notice on the last day if they want to, same applies to you if you want to terminate the lease.

Thanks Scott.

I didn't get this....28 days of notice can be given at the last day of the lease then how is it 28 days notice.....(e.g. lease expires on 28th Feb, to calculate the 28 days notice they have to advise by 31st Jan. If they advise on 28th feb that is only 1day of notice isn't it?

How long they have to accept the new lease with rent increase though? I am thinking if they don't make their decision and advise me at 28th Feb they are not going to sign new lease then what can I do?
 
Not 100% aufait with Victoria but your notice is usually 60 days (+ postage) of the rent increase is sufficient, so your notice will apply in any case.

Tenant has to give the full period of notice, so they can string out the lease to 1 yr & 28 days if they wish.
 
Checked online it says tenant needs to give 28 days of notice if they want to vacate the property but does it mean they also need to advise us 28 days before end of existing lease if they are going to sign new lease or not?
I am confused....can someone pls clarify...

In Victoria, the tenant is not obligated to sign a new lease. It automatically goes to a monthly lease at the end of a fixed lease.

The Y-man
 
Y-Man and SK are right.

The tenant doesn't need to make a decision either way, the lease will continue on a periodic basis.

The tenant can vacate at any time providing they give 28 days notice in writing.

If they don't sign a new lease, you can't do much. You've missed the boat to serve a notice to vacate for end of lease, you can serve a 120 day notice to vacate - but a tenant can challenge it (If they think it's retaliatory).
 
Thanks Guys. We've given the rent notice accordingly in time. Reading your response it seems like tenant can give us the 28 days notice on last day of lease in that case they need to pay rent as per notice.

Once Lease becomes monthly, the way I read online is that both tenant and landlord can use 28 days notice to vacate the property.

If they don't sign a new lease, you can't do much. You've missed the boat to serve a notice to vacate for end of lease, you can serve a 120 day notice to vacate - but a tenant can challenge it (If they think it's retaliatory).

Lil skater are you suggesting landlord can give only 120 days notice once lease becomes monthly.....
 
The tenant must give 28 days notice.

The notice a landlord must give varies. Anywhere from immediate to 120 days.

I suggest you look at the Consumer Affairs website, there's all the information you need there in regards to the notice periods and reasons you can issue a notice to vacate.

Links below to useful information

http://consumer.vic.gov.au/housing-...or-residency/landlord-giving-notice-to-vacate

http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/

The Austlii link you want Part 6 Subdivion 1 through 4.
 
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