Real State Agent Asked to Raise Rent Twice within 2 Months Need Help?

Hi Guys Short Story 4 Months Back My Real Estate Agent asked to increase Rent for $10 per week from $375 to $385 and it was effective from 22nd August and after on July pervious Owner put the Unit for Sale as well and sold before the Increase in Rent effective i asked my real estate agent to create a new Contract with the new owner but they just ignored my request and said once all the settlement done they will create new lease agreement. and 1 month just Today they again send me letter that they proposing a $15 more increase in rent and want $400 per week for a 2 bedroom unit.

And my Real Estate Agent is LJ Hookers.

Not sure can i seek help from Fair Trading or any other body, what are my legal rights and My Wife is Heavily Pregnant She is Due in First Week of January Moving House is going to big Trouble for Me and $400 is way more for my Budget.

Any advise which can help me to make them not to increase rent and sign contract on old rent will be helpful.

I am in NSW, Merrylands

Comments

  • -7

    As they aren't significant increases, I would think you just got to suck it up and pay. If they put it up a silly amount then you have a right to complain.

    Unfortunately being a tenant you only have two rights, the right to pay the rent, or the right to leave.

  • Ignore the first comment, it's rubbish.

    You don't say what state you're in, but whichever state you're in will have a government body that outlines the legislation that applies to rentals. For example, in QLD it's the Rental Tennancies Authority www.rta.qld.gov.au

    Specifically, if you are in Queensland the rent cannot be raised within 6 months of the last raise:
    https://www.rta.qld.gov.au/Renting/During-a-tenancy/Rent-and…

    However it is unclear if you are still covered by your old lease or if the house changing owners has converted you to a periodic lease which may have slightly different rules.

    Find the equivalent rental tenancy authority for your state and familiarise yourself with what your lease says and what the rights of the tenant and landlord are. Then you will know where you stand and know who to talk to to help you if necessary.

    • Re-reading your post, it's hard to understand. Did the rent ever actually go up before? You said they notified you of a rental increase but they old owners sold before that happened, then the new owners propose another rise.

      Are we talking about the rent actually rising twice within 6 months or are we talking about the rent rising once, but by more than was proposed by the old owners?

      If the amount you're actually paying is rising twice within 6 months this could be against the rules. If it is only rising once but happens to be by more than you can afford, this is probably not against the rules.

      When the landlord proposes a rental increase you can write back with an explanation of your situation and a counter-proposal of a rise that isn't as much as they're asking for. They might be willing to compromise if you have been good tenants in the past. It's worth a try, but I don't think you have any chance of no rise at all.

      • Wait a sec, you say my post is rubbish, but you clearly didn't read/interpret the OP.

        proposing is the key word.

        If you or I bought a property and found out the tenant was paying less than market rent, guess what we would do.

        If it was 4 months back, he has to give you 2 months notice, which would mean 6 months.

        This is a main pitfall of renting.

      • Yes Acutually Rent was increased on 22nd of August 2014 by $10 per week and not they again proposed to increase again $15 per week by 12 th December 2014.

        ok i write the events in order.

        1. They proposed to increase Rent on 24th of June 2014 and Increase get effective on 22nd August 2014.

        2. But in Between Owner Sold the Unit by 08th August and Rent Increase Still happened it didnt Stop. And Rent was Increased.

        3. From 22nd of August they Started Charging me increased rent but no new Lease agreement was signed.

        4. Now they purposed new increase which will be effective from 12th December 2014 and again they said lease agreement is option and will be there if i want to sign.

  • +1

    Read re rent increase here from NSW Fair Trading. Can give them a call on 133220 if need.

  • How long does your current lease have until expiry? If staying put is your priority I would suggest trying to get a new lease otherwise the new owners can kick you out and get new tenants/move in when your current lease expires. As an aside, in NSW you are entitled to break a lease with no penalties if the property is put up for sale during a fixed term lease. This option may have passed now if the sale has gone through though

    • My Lease was expired already From 01st of March 2014 and they send Notice of Increase on 24th of June which was effective from 22nd of August and Sale Happened in between and it did gone through. Now i have no Lease Agreement with the New Owner. And they Offering Rent Increase with Lease agreement.

  • Notice of a rent increase

    If the fixed term period of your lease has ended and you are on a continuing (periodic) tenancy the landlord may increase the rent by giving you at least 60 days notice in writing before the date the increased rent becomes payable. The notice must:
    •specify the proposed new amount of rent (not the amount of the increase) and
    •specify the date from which the increased rent is payable and
    •be signed, dated and properly addressed to you.

    If you have entered into a tenancy without having a written agreement in place, the rent cannot be increased during the first 6 months.

    If you are renewing a tenancy agreement for a further fixed term, the rent cannot be increased automatically. You must still be given 60 days written notice before the rent increase can take effect.

    As I read it, the top section applies to you, ie they only have to give you 60 days notice to increase the rent. I'd make a phonecall to be safe.

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