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  • #16
    Originally posted by One View Post
    So ... suppose you've got an existing ftt that doesn't include a rent increase provision. Is it possible to re-let it to the same tenants at a higher rent?? If so, how?
    Anything is possible. Many break the law and get away with it. If you do it before October 1st this year, it's lawful. In my opinion, to do what you suggest is unlawful after September 30th. Just make sure you have a rent increase clause in your TA from now on.
    Last edited by Keys; 29-03-2011, 08:06 PM.

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    • #17

      Hi Again All,

      I mentioned earlier in the thread that I had tennants who are in breach of there TA. In Short after an inspection I noticed that the couple living in the house had rented out the two other rooms, even though on the TA its reads they the only ones allowed to live there.

      I property manager never told me of this even after an quarterly inspection. It was only after I asked to see the property myself that I noticed.

      There is of course extra wear and tear etc and I also agreed to drop my asking rent from 420pw to 400pw as the tennants said when they were moving in it was just the two of them and they wanted the whole house.

      I have got a response from the property manager which is the following:



      So options for you moving forward;
      1. The tenant said he is willing to put the other couple on to the lease but is not keen to pay an increased rent.
      2. Send them a breach letter asking to have the other couple move out.
      3. Send them a formal letter notifying them of the 6 month rent review with the increased rental amount (in this case as they are on a fixed term agreement they are able to dispute this through the tenancy tribunal)
      4. Come back with a lower increase saying that this is their only option bar having the other two move out.
      5. Leave things as is
      I want to raise the rent without putting the tennants offside. As per the thread my costs have increased and I dont think an increase to 440pw for 4 people in the house is to much to ask???




      Your thoughts are always welcome



      Thanks heaps!!



      O

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      • #18
        What is the contractual relationship you have with the PM? Option one is the only one which is workable. I'd grab that one with open hands. Primarily because it would mean a new tenancy agreement would be signed and in that one you can put the rent increase clause in.

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        • #19
          Hi Keys,

          On The TA with the tenant its reads rents will be revieved on a 6 month basis.

          And that the maximum number of tenants is 2.

          Its a 1 year fixed term tenancy which is in its 5th month.

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          • #20
            Raise the rent to $440 now (with the usaul notice of course) you may be pleasantly surprises how they will not argue about it. (the extra 40$ is $10 each - not a biggie)
            hec

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            • #21
              Well well. That's different. Exceeding the maximum number of tenants allowed on the TA is now unlawfull. From your post it may be that the course of action described by Hec is the way to go.

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              • #22
                Thanks Hec and Keys,

                So at the off chance of sounding like a total newb.

                Assuming I get the property manager to give the required noticed of a rental increase due to a breach of the TA and increase wear and tear etc. Do they have any recourse through a tenancy tribunal?
                I'm just trying to cover all the angles??

                Thanks again

                O

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                • #23
                  Raised the rent to 430pw!

                  Thanks all!

                  Increase pays the rates!

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                  • #24
                    Well done Orpheus1.
                    Squadly dinky do!

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                    • #25
                      Raise the rent. Don't give a reason.

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                      • #26
                        Hi again,
                        Thought I had increased the rent from last Friday but after chasing up my property manager today he informed me that there is a sixty day notice period. I thought as they were in breach it would start immediately.
                        Any advice would be great
                        Thanks
                        P

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