What Is The Default Notice Period a Tenant Should Give after The Lease Has Ended ?

Lrandomstuff on 30/06/2017 - 00:16

I am renting my current place since 1 year and 2 months. The initial rental agreement was for 6 months. I want to vacate the place and give notice to my landlord.

What is the minimum notice that I should be giving. We never renewed the aggrement and it's kinda rolling. My rent has always been on time and I pay fortnightly.

I live in NSW. Looking to vacate in 3 weeks. Is it reasonable ?, unfair ask ? on my side. The landlord insists on 4 weeks.

There are a few past considerations that make me feel that I should not loose my 1 week rent.

1 This place is my first lease in Australia. And only realized later that my rental bond is with my landlord and was never deposited to NSW fair trading. Not sure if that's a big deal. But it got us in a bit of headache getting out kids school registration done.
2.) Can add a few more but if that info is important

Home & Garden

Comments

  • Thrift on 30/06/2017 - 01:53
    +2

    21 days. See http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…

    Ending a tenancy > After the fixed term
    If you want to end your tenancy after the fixed term has ended (and you have not signed another agreement), you will need to give at least 21 days' notice. This notice can be given at any time and does not have to line up with the rent payment cycle. You must pay the rent up to and including the day your notice ends and you vacate.

    • randomstuff on 30/06/2017 - 07:28

      Hi Thrift,

      Thanks.

      Yes that is what i read and think 3 weeks should be just ok.

      But landlord says no. As per him 4 weeks.

      • djkelly69 on 30/06/2017 - 09:29

        Read your lease/agreement. It is not up to the landlord to decide what suits him or what he wants.

  • bobbified on 30/06/2017 - 06:41

    Did you sign an agreement when you moved in? If the terms in the agreement are fair and reasonable, then the notice period is whatever is in that agreement.

    • randomstuff on 30/06/2017 - 07:19
      -1

      The aggrement that we assigned has 4 weeks notice. The aggrement says either party can give notice to end the term/aggrement. And the initial aggrement was 6 months.

      Is it that this notice period becomes the default notice period after term ends?

      • bobbified on 30/06/2017 - 07:54

        Yes - you've previously agreed to 4 weeks and it's not an unreasonably long period, so that will apply (regardless of whether you're within your initial lease period or not).

        After the initial period finishes and no further agreements are signed, the lease generally becomes a rolling monthly agreement, but the notice period to move out still applies.

        The contract has to be fair on both ends. If the landlord wants you out for reasons other than a violation of your lease, then they have to give the 4 weeks notice too.

      • Randxyz123 on 30/06/2017 - 09:47

        It's only a extra week. Besides you agreed to 4

        • randomstuff on 30/06/2017 - 14:21

          I wanted to move in 2 weeks. And I am covering a few days (5 days) but that's not the issue. It's not what i wanted to do. But the rental market here is like this. A lot of demand, competition by tenants, best offer, and so on. And it hurts to see money go waste.

          Just wanted to understand what is legit, my right, I am entitled to. I don't want to be unreasonable.

          So what i understand is that, even if the lease has ended, its 4 weeks on either side as what we agreed in the initial agreement? Wouldn't Thrift's first link of NSW hold good as well where i should be able to give the minimum 21 days and get away :-). Lets say..

        • bobbified on 30/06/2017 - 15:27

          @kunalmitt:

          There's a minimum that the law sets (21 days), but both parties can agree to something more (which you have) as long as it's reasonable and both parties can benefit from such an agreement.

          For example - look at it the other way around - if the landlord suddenly decided to kick you out and you had nowhere to go, you'd be glad that your agreement says 4 weeks (28 days) and not the 21 days that the law says.

        • Thrift on 30/06/2017 - 20:36
          +1

          @bobbified:

          both parties can agree to something more (which you have) as long as it's reasonable

          Terms that conflict with NSW's Residential Tenancies Act 2010, even if agreed to by the tenant, are not legally binding. (s21.1a)

          The Act sets the minimum notice required, which for a tenant ending a periodic agreement is 21 days. (s97)
          Whereas a landlord has to give a minimum 90 days notice.

          Also, a residential tenancy agreement must use the standard form, which specifies the notice periods.

        • bobbified on 01/07/2017 - 13:24
          +1

          @Thrift:

          You're right - I stand corrected.

  • djkelly69 on 30/06/2017 - 08:01
    +2

    Assuming you haven't signed anything since the initial agreement, the fixed term has expired so you are on a periodic tenancy. Minimum notice period is 21 days.

    Also it is an offence for a landlord to require a bond and then not lodge it with Fair Trading.

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