longboy
Honorary Master
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They could just say the house isn't for rent anymore
They still have to give the tenant 1 month minimum Notice period.
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They could just say the house isn't for rent anymore
I have a feeling the landlord has spoken to an Agent and the agent told the landlord what they will be able to earn if they rent out the house and flat separately. The agent forgot to mention to the owner what slithery snakes they are and that they don't have anyone's best interest in mind.This landlord WANTS you out. Better to move.
That is english.As the old Afrikaans saying goes. I forget the actual words but can visualise it.
Exactly this. As per the contract here. OP should stipulate this clause, however the LL will likely not renew the lease. OP could try to refuse to leave as the basis for the termination is now set by the LL as an off-contract % adjustment - which OP should address at the RHT.Your Landlord has 3 legal options:
1. renew lease with max 10% increase as stipulated in lease agreement extension
2. continue as a month to month agreement with max 10% increase, or
3 cancel/not renew lease agreement (often with 2 months notice unless otherwise stipulated. Law is less) and you are required to vacate. Hence the landlord wanting your answer before end June.
You really need to discuss this with the landlord urgently. I suspect he will terminate your lease should you not either accept his terms or come to a compromise. That is the landlord's right. Yes, he will now have to find a new tenant and this should be the main basis of your counter-offer. If you were a bad tenant in general, I doubt a renewal offer would even be contemplated by the landlord.
Tenants do enjoy (unbalanced) protection from landlords in this country but if the landlord gives you the required notice and you fail to vacate, even the Rental housing tribunal will (eventually) find in favor of the landlord, who can come after you for further costs. Your ITC/ TPN/Lightstone rental record will be adversely effected, which could cause red-flags to future Landlords.
It is not that simple. They will have to follow the termination clause in the contract. Plus the tenant will have to find alternative accommodation first. The tenant will be able to approach the rental tribunal. The owner has asked for an increase and didn't show any intention that they didn't want to lease the property anymore. The owner will not be allowed to advertise, publicly anyways, there will be a 3-month waiting limit minimum. It is really not to the owner's best interest to follow this route.They could just say the house isn't for rent anymore
Your Landlord has 3 legal options:
1. renew lease with max 10% increase as stipulated in lease agreement extension
2. continue as a month to month agreement with max 10% increase, or
3 cancel/not renew lease agreement (often with 2 months notice unless otherwise stipulated. Law is less) and you are required to vacate. Hence the landlord wanting your answer before end June.
You really need to discuss this with the landlord urgently. I suspect he will terminate your lease should you not either accept his terms or come to a compromise. That is the landlord's right. Yes, he will now have to find a new tenant and this should be the main basis of your counter-offer. If you were a bad tenant in general, I doubt a renewal offer would even be contemplated by the landlord.
Tenants do enjoy (unbalanced) protection from landlords in this country but if the landlord gives you the required notice and you fail to vacate, even the Rental housing tribunal will (eventually) find in favor of the landlord, who can come after you for further costs. Your ITC/ TPN/Lightstone rental record will be adversely effected, which could cause red-flags to future Landlords.
No they cant. Rubbish. Contract.
zerocool failed Contractual Law in university.
He can't. His intention has been to keep renting it out but at a higher %, and the tenant has a contract signed by him promising a lesser %. His basis for not wanting to now rent it to an existing tenant is flawed. Placing the tenant under such time pressure too seems unfair. LL has positioned himself to hand over 1 months cancellation notice (contract ends 1 August). RHT miiiiight be able to help here, but likely OP can expect to be moving end of July.They could just say the house isn't for rent anymore
Which they can do, pretty much from MondayThey still have to give the tenant 1 month minimum Notice period.
Not necessarily, because the contract states the lease continue at 10%. They can only terminate it if there is a clause there that states should OP not agree to a new lease, given X amount of notice, the contract may be canceled give X notice. If they want to terminate it otherwise, they will need a valid reason, increase not one of them as that is already decided in the contract.Which they can do, pretty much from Monday
Either way, there is a contract in place that needs to be honored.How I am doing things. I sign a 12 month lease. If all goes well, I might review. And if the tenant wants to leave, ongoing for 2 months at a time.
Then no one is stuck in something they dont want.
You still haven't answered my question. Is your reading of this that the tenant can stay on at 10% escalation in perpetuity?
That is what is written there.You still haven't answered my question. Is your reading of this that the tenant can stay on at 10% escalation in perpetuity?
Landlord has no say in deciding whether the tenant stays on?That is what is written there.
That is what is written there.
That doesn't make sense.That tenant had a year to rethink if he wants to stay on or not. Its a bit late now to moer toys!
Landlord has no say in deciding whether the tenant stays on?