Since the Residential Tenancies and Rooming Accommodation Act 2008 commenced last July, some tenants are finding they have to decide whether to stay or leave their property two to three months before their lease is up, when they receive a lease renewal and a Notice to Leave at the same time.
Since the Residential Tenancies and Rooming Accommodation Act 2008 commenced last July, some tenants are finding they have to decide whether to stay or leave their property two to three months before their lease is up, when they receive a lease renewal and a Notice to Leave at the same time.
RTA Client Contact Centre Team Leader, Blair Lawson says the practise of offering tenants a new contract and a Notice to Leave simultaneously before the end of the agreement is nothing new.
"Nothing under the Act prevents this from occurring," Mr Lawson said.
"The issue arises when the two documents are served together because it can be interpreted by tenants as either sign a new lease or move," said Mr Lawson.
"It's important for tenants to understand the new agreement is just an offer and really is just the starting point in negotiations between them and the lessor," he said.
If the tenant has concerns with any aspect of the new agreement, they can negotiate the terms of the new agreement.
"If their concern is about the length of the new agreement that may be long, for example 12 months, and the tenant can't commit to that period, they can negotiate a shorter term agreement such as six months," said Mr Lawson.
Under the Residential Tenancies and Rooming Accommodation Act 2008, a tenant can also dispute significant changes between tenancy agreements, but only after they have signed the new agreement.
Source RTA