Resigning a lease or give notice

Mellor

Anybody know the rules regarding being asked to resign a lease? Specifically after the lease period has rolled over.

I've had a look at the tenants rights and notice periods. Basically it says after the lease term has passed you are in a periodic agreement. And if you want to leave you need to give three weeks notice. But if the landlord wants to end the periodic agreement he must give 3 months notice. Is that correct?

How readily does the periodic agreement start, is it automatic once the lease date is passed. And if so, say the landlord/agent wants you to sign a new lease (shortly after the lease date has passed), and you refuse, are they obliged to give you 3 months still.

Anybody with first hand experience would be a help. Im looking for a new place but don't want hassle when I try to leave thus one.

Feelgood

Not too sure about the 3 months notice from the landlord and can't find anything along those lines on the fair trade website. Where did you read that?

I just moved out of my place. My lease was up in early December, didn't sign a new one. I entered a periodic agreement, told the landlord I would stay until March though decided a couple of weeks later to move out and gave him 21 days notice as per the guidelines on the fair trade website. I can confirm that once your lease has lapsed, 3 weeks notice is all you have to give to get your bond back. Thats the only part I can answer.

Sounds like you want to stay on for 3 months more though?. Why not just ask for a 3 month lease instead of a 6 or 12?.

myhorse

I think you are right mellor
http://www.fairtrading.nsw.gov.au/pdfs/Tenants_and_home_owners/Residential_tenancy_agreement.pdf
2. Continuation of tenancy (if fixed term
agreement)
Once any fixed term of this agreement ends, the
agreement continues in force on the same terms as a
periodic agreement unless the agreement is terminated
by the landlord or the tenant in accordance with the
Residential Tenancies Act 2010 (see notes 3 and 4).
Clause 5 of this agreement provides for rent to be able
to be increased if the agreement continues in force.
3. Ending a fixed term agreement
If this agreement is a fixed term agreement it may be
ended by the landlord or the tenant by giving written
notice of termination. The notice may be given at any
time up until the end of the fixed term but cannot take
effect until the term ends. The landlord must give at
least 30 days notice and the tenant must give at least
14 days notice.
4. Ending a periodic agreement
If this agreement is a periodic agreement it may be
ended by the landlord or the tenant by giving written
notice of termination. The notice may be given at any
time. The landlord must give at least 90 days notice and
the tenant must give at least 21 days notice

Mellor

Feelgood wrote: »

Not too sure about the 3 months notice from the landlord and can't find anything along those lines on the fair trade website. Where did you read that?

I read it here.
http://www.tenants.org.au/factsheet-10-landlord-ends-agreement

I knew the 90 days was correct, but interested in seeing how it is applied.

[/quote]
Sounds like you want to stay on for 3 months more though?. Why not just ask for a 3 month lease instead of a 6 or 12?.[/Quote]
I explained why I was asking.
I'm looking for a new place to live, which i havent found yet. I obviously dont want to sign a new lease, but need to make sure refusing to sign doesn't affect notice periods. Basically I want to minimise my overlap to try not to lose too much