Good morning everyone,
I need to have something clarified, my property manager does not really answer my questions, and I have had a feeling for some time that she personally knows my tenant, so I need an independent opinion, hence I found my way here.
I have a property managed by an agency in Victoria. First time it was leased for 6 months, 3 months before the lease ended, she sent me a new lease agreement for a further fixed 12 months. There was no rent increase, as I did not think it was needed at that time and she recommended keeping it the same.
There was nothing written in the lease about rent increase besides the clause just above the part that I signed on the lease agreement it reads:
'Changing the rent. Unless this tenancy agreement provides otherwise, during the term of the tenancy agreement the landlord may increase the rent by giving the tenant 60 days notice required by RTR 2008. The landlord must not increase the rent more than once in every 6 months.'
It was my interpretation that this meant I would be able to increase the rent, should the need arise.
However, after recently emailing the property manager she said,
'In terms of a rental increase, we are also required to give sixty days notice, however we are restricted to the current terms of the lease and cannot increase the rent until the current term has expired.'
I then mentioned what the lease agreement that I signed had read, regarding Changing rent.
She then replied,
'In accordance with the Victorian RTA 1997, Section 44 (4) states that a 'A landlord under a fixed term tenancy agreement, must not increase the rent before the term ends unless the agreement provides for a rent increase within the fixed term'.
I responded, with a presumptive approach;
" As you have previously stated -
'In accordance with the Victorian RTA 1997, Section 44 (4) states that a 'A landlord under a fixed term tenancy agreement, must not increase the rent before the term ends unless the agreement provides for a rent increase within the fixed term'.
And as the fixed term lease agreement states -
'Changing the rent. Unless this tenancy agreement provides otherwise, during the term of the tenancy agreement the landlord may increase the rent by giving the tenant 60 days notice required by RTR 2008. The landlord must not increase the rent more than once in every 6 months.'
Please show me where the agreement provides for a rent increase within the fixed term? "
She has now replied saying,..
'We agree that the wording of Clause 36.1 of the updated REIV lease is not clear, however the interpretation of 'unless this tenancy agreement provides otherwise', refers to the fixed term and subsequent conditions set out in the Victorian RTA 1997.
The lease unfortunately, does not incorporate a rent increase and therefore we are restricted to the current terms of the lease until the end of the agreement.'
I am confused and tired of all the back and forth without any clarity. It makes me wonder if she is working for me at all? To myself, the lease agreement says one thing - and the RTA 1997 (Vic) she has quoted says the other, both are conflicting.
The lease will not expire until Jan 2011, why did my PM not tell me rent changes cannot be made before I signed?
Sorry for writing so much on my first post, I would like to hear some constructive opinions of others out there,.
Regards,
Glenda
I need to have something clarified, my property manager does not really answer my questions, and I have had a feeling for some time that she personally knows my tenant, so I need an independent opinion, hence I found my way here.
I have a property managed by an agency in Victoria. First time it was leased for 6 months, 3 months before the lease ended, she sent me a new lease agreement for a further fixed 12 months. There was no rent increase, as I did not think it was needed at that time and she recommended keeping it the same.
There was nothing written in the lease about rent increase besides the clause just above the part that I signed on the lease agreement it reads:
'Changing the rent. Unless this tenancy agreement provides otherwise, during the term of the tenancy agreement the landlord may increase the rent by giving the tenant 60 days notice required by RTR 2008. The landlord must not increase the rent more than once in every 6 months.'
It was my interpretation that this meant I would be able to increase the rent, should the need arise.
However, after recently emailing the property manager she said,
'In terms of a rental increase, we are also required to give sixty days notice, however we are restricted to the current terms of the lease and cannot increase the rent until the current term has expired.'
I then mentioned what the lease agreement that I signed had read, regarding Changing rent.
She then replied,
'In accordance with the Victorian RTA 1997, Section 44 (4) states that a 'A landlord under a fixed term tenancy agreement, must not increase the rent before the term ends unless the agreement provides for a rent increase within the fixed term'.
I responded, with a presumptive approach;
" As you have previously stated -
'In accordance with the Victorian RTA 1997, Section 44 (4) states that a 'A landlord under a fixed term tenancy agreement, must not increase the rent before the term ends unless the agreement provides for a rent increase within the fixed term'.
And as the fixed term lease agreement states -
'Changing the rent. Unless this tenancy agreement provides otherwise, during the term of the tenancy agreement the landlord may increase the rent by giving the tenant 60 days notice required by RTR 2008. The landlord must not increase the rent more than once in every 6 months.'
Please show me where the agreement provides for a rent increase within the fixed term? "
She has now replied saying,..
'We agree that the wording of Clause 36.1 of the updated REIV lease is not clear, however the interpretation of 'unless this tenancy agreement provides otherwise', refers to the fixed term and subsequent conditions set out in the Victorian RTA 1997.
The lease unfortunately, does not incorporate a rent increase and therefore we are restricted to the current terms of the lease until the end of the agreement.'
I am confused and tired of all the back and forth without any clarity. It makes me wonder if she is working for me at all? To myself, the lease agreement says one thing - and the RTA 1997 (Vic) she has quoted says the other, both are conflicting.
The lease will not expire until Jan 2011, why did my PM not tell me rent changes cannot be made before I signed?
Sorry for writing so much on my first post, I would like to hear some constructive opinions of others out there,.
Regards,
Glenda
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