perthnuts: Question

charlie_delta (charlie_delta) wrote in

perthnuts,
@ 2008-02-26 20:01:00

Question
I was wondering if someone can fill in some gaps in my knowledge...

We are in a property at the moment in a fixed term 12 month lease... the agent says the landlord wants to increase the rent by $50 a week... can they legally do this?

It has been nearly 4 months since we moved in, the tenancies act says that its not allowed and I do plan to fight the increase

Can anyone shed some light on anything that may allow them to increase the rent?

Also on our lease it says

Fixed term of 12 momths commencing on 22/10/07 and expiring on 20/10/07

Does this cause any issue?

If the rent will be increased we are not willing to live here anymore as this place is NOT worth the extra money... what are our options for leaving?

Thanks

(Post a new comment)

	moof_mum 2008-02-26 11:14 am UTC (link)
	As far as I know legally they are only allowed to increase the rent by 10% per year. Well I'm pretty sure thats right anyways, I mean unless you lease is up then they can do what they want. (Reply to this)

	conradin 2008-02-26 11:18 am UTC (link)
	My guess would be if the contract states it is for 12 months, and the start date is demonstratively after around 22/10/07, the incorrect end date wouldn't be an issue. But I have no real idea :) (Reply to this)

	lauredhel 2008-02-26 11:25 am UTC (link)
	Double check your lease's fine print - many 12 month leases have a clause in them allowing the owner to increase the rent at six months. If it's been four months, your notification may be of a six-months increase. (Reply to this)

	missjaimee 2008-02-26 12:00 pm UTC (link)
	From what I understand If you signed a contract....for 12 months.. they can't do shit until that lease expires. But best to seek legal advice on this.. just to be sure and cover every base. (Reply to this)

dorothygale
2008-02-26 12:08 pm UTC (link)

Unless your lease states that the rent is fixed they are entitled to increase it or do a 'rent review' every 6 months. So this is a little early. However they are entitled to a 'reasonable increase'... this means for the area and the market at the moment. If you are in a fixed term lease and they do put the rent up you can't break your lease because of it.

Check with REIWA www.reiwa.com.au and you can ring the department of consumer protection to double check about when they can do the rent increase.

But basically, I'd say they can, they will, and you can't go coz they do. You can bargain though. We recently did that and knocked them down by $30 a week from a $55 increase per week to $25.

(Reply to this)

haze_l_nut
2008-02-26 12:21 pm UTC (link)

http://www.docep.wa.gov.au/ConsumerProtection/PDF/Publications/Renting_in_WA_Dec_06.pdf

Look at this site.

My landlord is doing the same to me - jacks up the rent every 6 months, regardless I am on a 12 month lease. Mine is going up $35 per week (next month) (they legally have to give you 60 days notice) so in one year thats an increase of $45 (way more than 10% more like 20-25%)..and I live on my own. It gets harder and harder.
I have had to resort to having to get a house mate within the next month or two simply because I cannot afford rent on my own - if I do pay it - I worked out that it takes 41% of my wages, of nothing but rent to a greedy asshole landlord/real estate agent... so I have no choice - giving up my 6 years of living on my own which I prefer.

The fucked part - the owner of the house - also OWNS the real estate business, AND 3 homes surrounding me. So he is ROLLING in dough and still has not maintained stuff I have been requesting maintenance on for over 18 months.
No-one can survive independently anymore unless you get paid a fortune, or can afford to buy - which no single low-average income earner can ever do anymore.

My advice, fight for your rights...like a previous commenter said - bargain for it or simply look elsewhere.

The market is screwed.

(Reply to this)

_leareth
2008-02-26 01:11 pm UTC (link)

This isn't intended to be formal legal advice of any sort and besides I no longer live in Perth:

If you're on a fixed term lease, under s.30(2)(a) of the WA Residential Tenancies Act the landlord's right to increase rent does not apply ie., they cannot increase the rent during the lifetime of that agreement. However, this section can be contracted out of and there's a strong chance your agreement has done this. Read through your agreement carefully and check.

If your agreement does contain a clause saying that the above section doesn't apply or the landlord retains his/her right to increase rent or something to that effect, then a minimum of six months must pass before the landlord can ask for a rent increase (s.30(1)(a)).

I'd also do some research and find out what the market rate for renting a property like the one you're in is (location, size, number of rooms, age of building, etc). The simplest way to do this is look at real estate agent advertising rental properties, find similar ones to yours and see what kind of rental amounts they're asking for.

With regards to leaving, you'll be breaking the tenancy agreement meaning you have end it by a written agreement with the landlord (ie, the landlord has to agree to it; you can't end the tenancy unilaterally). You can improve your bargaining position if when you go to the agent/landlord about ending the lease you've found some tenants to replace you, preferably from the day you intend to move out so the landlord is still receiving money otherwise don't be surprised if you have to keep paying until the new tenants move in. It's likely that you'll still have to pay a penalty for breaking the agreement, usually by forfeiting some or all of your security bond. Your tenancy agreement would have a section that covers early termination; I advise you to read through the terms carefully because there might be other things like liability for re-advertising the rental property or something.

(Reply to this)(Thread)

_leareth
2008-02-26 01:18 pm UTC (link)

Oh, and with regard to the incorrect ending date of the tenancy agreement, it shouldn't be an issue since an agreement can't end before it begins, and it was the intention of both parties that it be for 12 months. Should the incorrect date ever become an issue common sense would win out, though to make things patently clear I'd bring it up with the agent and get the date amended to read correctly (it just means you agree to alter and correct that term of the agreement and put some initials beside the amendment to indicate everyone agreed to it).

(Reply to this)(Parent)

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