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End of fixed term tenancy - now what?

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  • #16
    Your tenants need to give you at least 30 days notice. Do you have such a clause in your lease agreement? I recommend you to inspect the property, advice you tenants that periodic rent is more expensive and see if they wish to stay.

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    • #17
      Originally posted by mattinvestor View Post
      Your tenants need to give you at least 30 days notice. Do you have such a clause in your lease agreement? I recommend you to inspect the property, advice you tenants that periodic rent is more expensive and see if they wish to stay.
      Hi Matt

      I thought it was 21 days notice?

      I'm not looking to increase the rent at this stage

      Cheers

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      • #18
        Originally posted by mattinvestor View Post
        Your tenants need to give you at least 30 days notice. Do you have such a clause in your lease agreement? I recommend you to inspect the property, advice you tenants that periodic rent is more expensive and see if they wish to stay.
        It is 21 days, and you cannot contract out of the RTA.
        Advising tenants of a price increase needs 60 days notice, but if you are already charging market rent, could be opening yourself up to all sorts of issues.
        If you are happy with them, and they happy with the current rent, the only issue you have is that by not renewing the fixed term, they can leave with 21 days notice. This is difficult to change.

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        • #19
          Originally posted by Nice View Post
          . . . and you cannot contract out of the RTA.
          Tenants can't. Landlords can.
          Last edited by Perry; 20-04-2013, 04:32 PM. Reason: tweak

          www.3888444.co.nz
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          • #20
            What Keys is getting at is that LLs can give up the rights accorded
            to them by the RTA, but tenants are statutorily barred from doing so.

            RTA s 11 (2) & (3)
            Last edited by Perry; 20-04-2013, 04:37 PM. Reason: added references

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            • #21
              Yes, but the point made here of notice period to be given cannot be contracted out of. LL cannot demand any more than 21 days notice on a periodic tenancy.

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              • #22
                Bit of an update.

                With about 10 days to go, the tennants have asked to sign another 12 month term.

                No problems, as far as I am concerned - does anyone else see any issues?

                I will still do the inspection, I am still happy with the rent.

                Cheers

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                • #23
                  Nope, that is fine. They have asked and you are happy to say yes.

                  That is the difference in the RTA between the tenant and landlord.

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                  • #24
                    Since you are happy with your existing tenants and want them to continue living at your premises, so you need to decide on the future tenancy arrangements
                    There are three ways a fixed term tenancy can continue:
                    1. You can extend the existing fixed term agreement by agreeing on a new finishing date.
                    2. You can also enter into a new fixed term agreement, or
                    3. Do nothing and allowing the agreement to revert to a periodic agreement.

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