Tag Archives | tenant disputes

How do I give a Tenant Notice to Leave Without Grounds?

How do I give a Tenant Notice to Leave Without Grounds?A lessor rents out his investment property on a fixed term agreement which is due to end on 31 December. He decides to allow his student son to move into the property, which is near the university, on 1 February.

The lessor would like the current tenants to move out on 31 January, and he gives them written Notice to leave on 30 November.

After the fixed term agreement ends on 31 December the agreement becomes periodic, meaning the tenant can leave at any stage by giving two weeks notice.

When a lessor ends a tenancy agreement without grounds, they must give the tenant two months notice to leave. This applies to fixed term as well as periodic agreements.

The Residential Tenancies and Rooming Accommodation Act 2008(the Act) allows a tenancy to end for a number of different reasons, such as non-liveability or abandonment. The Act also allows a tenancy to be ended ‘without grounds’ if the party ending the agreement does not give a specific reason.

A lessor cannot end a fixed term agreement without grounds before the agreement’s end date, unless the tenant agrees.

Fixed term agreements can end only when either the lessor or tenant gives written notice. When the fixed term agreement moves beyond its agreed end date – and if neither party has given notice – it becomes a periodic agreement.

A lessor or tenant can end a fixed term or periodic agreement. When a tenant decides to leave the rented property, they must give the lessor two weeks notice. However, if it is a fixed term agreement, a tenant cannot leave before the agreement’s end date unless the lessor agrees.

If a fixed term agreement is for a period of six months, the lessor and tenant should be aware that negotiations about continuing the tenancy agreement may sometimes begin three months before the end of the tenancy.

When a lessor presents a tenant with a Notice to leave (Form 12), giving the required two months notice, the tenant might choose to find a new rental property immediately, but in a fixed term tenancy, the tenant cannot leave before the agreement’s end date unless the lessor agrees.

More information about ending a tenancy without grounds is available on the http://www.rta.qld.gov.au/

Source : RTA Update (03 August 2011)

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Landlords vs Tenants…Free Help to Resolve Disputes!

Landlords vs Tenants…Free Help to Resolve Disputes! Whether you’re a lessor (landlord), agent or a tenant, disputes can occur over everything from money matters to repairs. The RTA encourages people to communicate with each other to resolve such issues. But if an agreement cannot be reached, the RTA offers a free dispute resolution service.

Dispute resolution team leader, Lalita D’Netto, said the service helped to re-open the lines of communication. “Our conciliators help people find common ground,” Lalita said. “Most people are reasonable when they are made aware of the issues and sometimes it helps to talk through concerns with an impartial person.”

RTA conciliators cannot instruct people what to do, nor can they make decisions for them. Lalita said most people want to resolve the dispute rather than having the Queensland Civil and Administrative Tribunal (QCAT) make a ruling on their behalf.
The RTA conducts dispute resolution in three ways:

  • three-way telephone conference
  • face-to-face conciliation
  • telephone shuttle: where RTA conciliators hold separate telephone enquiries with each disputing person

The conciliator will choose the best way to deal with the dispute depending on the circumstances involved. The most common disputes occurred during a tenancy and at the end of a tenancy (mainly involving bond refunds), Lalita said. If the dispute cannot be resolved, either party can lodge a Dispute resolution request (Form 16) with the RTA. Once the RTA receives the form, it is registered, a conciliator is allocated and letters are sent out to each party inviting them to take part in a telephone conference.

Lalita said people who wanted to use the dispute resolution service should have prepared documentation like receipts. She said disputes were assessed depending on urgency but most cases were dealt with within 28 days.

If a resolution cannot be reached, a Notice of unresolved dispute is issued to the person who lodged the Form 16. When the issue relates to a bond dispute, under the legislation the party has seven days to apply to QCAT and notify the RTA of their intentions.

People applying to QCAT must lodge the RTA’s Notice of unresolved dispute with their tribunal application. The exception to this rule is if the application is classed as urgent. The RTA received over 21,000 dispute resolution requests in 2010-11. Approximately 14 per cent went on to become applications to QCAT.

Source : RTA Update (03 August 2011)

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Free Help for Landlord and Tenant Disputes

Whether you’re a lessor (landlord), agent or a tenant, disputes can occur over everything from money matters to repairs. The RTA encourages people to communicate with each other to resolve such issues. But if an agreement cannot be reached, the RTA offers a free dispute resolution service.

Dispute resolution team leader Lalita D’Netto said the service helped to re-open the lines of communication. “Our conciliators help people find common ground,” Lalita said. “Most people are reasonable when they are made aware of the issues and sometimes it helps to talk through concerns with an impartial person.”

RTA conciliators cannot instruct people what to do, nor can they make decisions for them. Lalita said most people want to resolve the dispute rather than having the Queensland Civil and Administrative Tribunal (QCAT) make a ruling on their behalf.

The RTA conducts dispute resolution in three ways:

  • three-way telephone conference
  • face-to-face conciliation
  • telephone shuttle: where RTA conciliators hold separate telephone enquiries with each disputing person.

The conciliator will choose the best way to deal with the dispute depending on the circumstances involved. The most common disputes occurred during a tenancy and at the end of a tenancy (mainly involving bond refunds), Lalita said. If the dispute cannot be resolved, either party can lodge a Dispute resolution request (Form 16) with the RTA.

Once the RTA receives the form, it is registered, a conciliator is allocated and letters are sent out to each party inviting them to take part in a telephone conference. Lalita said people who wanted to use the dispute resolution service should have prepared documentation like receipts. She said disputes were assessed depending on urgency but most cases were dealt with within 28 days.

 If a resolution cannot be reached, a Notice of unresolved dispute is issued to the person who lodged the Form 16. When the issue relates to a bond dispute, under the legislation the party has seven days to apply to QCAT and notify the RTA of their intentions. People applying to QCAT must lodge the RTA’s Notice of unresolved dispute with their tribunal application. The exception to this rule is if the application is classed as urgent.

The RTA received over 21,000 dispute resolution requests in 2010-11. Approximately 14 per cent went on to become applications to QCAT.

Last Updated: 03 August 2011 Source RTA

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