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Fixed term tenancy agreement question

#Post
1

Granddaughter signed a 1 year agreement on a studio apartment. Coming to the end date she found alternative accomodation and moved out on the last day. Phone call from agent asking why she hadn't paid the last week's rent. GD explained that tenancy had ended but agent said that she was required to give notice and was now liable for an additional month's worth of rent. Fair enough but was the agent managing the property a bit slack in not asking if she wanted to extend the agreement?

pauline999 - 2021-11-07 09:27:00
2

Unless terminated with at least 21 days notice before the end of the term, the fixed automatically becomes a periodic tenancy. So sorry, she's liable and she needs to give correct written notice, if she hasn't already done so. Do this even if the PM has verbally accepted just to ensure no shocks.

Didn't the granddaughter contact the agent prior to leaving to organise the end date, final inspection, bond signover and key hand back?

Yes you'd have thought the PM would have checked, but in lieu of notice from the tenant, they'd generally just assume you want to stay.

sparkychap - 2021-11-07 09:43:00
3

Your granddaughter may currently be responsible for two tenancies. The one year agreement rolls over to a periodic lease if there are no steps to renew or confirm termination.

Was there no communication either way? How were keys returned? Final inspection? Return of bond? Did your granddaughter just pack up and move out without telling the property manager at all?

pico42 - 2021-11-07 09:46:00
4
pauline999 wrote:

..... Fair enough but was the agent managing the property a bit slack in not asking if she wanted to extend the agreement?

As a landlord I would have communicated, but there is no requirement todo so, as Sparky has said above - unless either party makes contact to confirm that end date the tenancy automatically rolls over.

Bit of a bummer for your grand daughter, but yes, she should have read up her obligations before committing to another property. Works both ways, often a PM or LL will think the tenant is moving out and fails to confirm ... then they are 'stuck' with the tenant.

desi1969 - 2021-11-07 11:31:00
5

LOL, gotta love the way youngsters think!

smallwoods - 2021-11-07 12:51:00
6
pico42 wrote:

Your granddaughter may currently be responsible for two tenancies. The one year agreement rolls over to a periodic lease if there are no steps to renew or confirm termination.

Was there no communication either way? How were keys returned? Final inspection? Return of bond? Did your granddaughter just pack up and move out without telling the property manager at all?

in this market, like never, just spray and walk away.

gabbysnana - 2021-11-07 13:35:00
7

She should check her tenancy agreement to see what it says about notice. If nothing it would be worth asking the PM to waive all or part of the rent as good chance tenant would get a good hearing in the Tenancy Tribunal. Because tenant is young and not expected to be fully au fait with the legal requirements if not in the agreement. No guarantees but cheap to apply.

Different if the tenancy agreement spells it out. Hard lesson.

artemis - 2021-11-07 15:05:00
8
smallwoods wrote:

LOL, gotta love the way youngsters think!

Older generation are the one that raised them.

This video is for you old mate https://youtu.be/aTZ-CpINiqg

Edited by sw20 at 3:47 pm, Sun 7 Nov

sw20 - 2021-11-07 15:38:00
9

Lol did she just walk out when 12 months was up and not tell them? ????

austimac - 2021-11-07 20:14:00
10

Welcome to the real world !!

onl_148 - 2021-11-09 11:21:00
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