Rent increase notice.

S

Sunnies

I understand increased rent must be given with 60 days' notice in WA.
Am I correct in thinking the following - LL emails tenant the notice. Day 1 is the following day. The day the rent increase commences is the day after Day 60.
So, notice, then 60 clear days pass, then after those 60 days the rent increases (on Day 61)?
 
sharpcq said:
I'm in QLD so not an expert either but provided the appropriate boxes are ticked on the tenancy agreement to say tenant agrees to receiving notices via email then it should be okay..
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There's no option for that here yet :(

You can probably put it in the tenancy agreement, but I'm pretty sure it'd be thrown out at VCAT.

Again, not WA.
 
Lil Skater said:
There's no option for that here yet :(

You can probably put it in the tenancy agreement, but I'm pretty sure it'd be thrown out at VCAT.

Again, not WA.
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Rather ridiculous how much legislation changes from state to state.. We have it on our Tenancy Agreements.
 
Sunnies said:
I understand increased rent must be given with 60 days' notice in WA.
Am I correct in thinking the following - LL emails tenant the notice. Day 1 is the following day. The day the rent increase commences is the day after Day 60.
So, notice, then 60 clear days pass, then after those 60 days the rent increases (on Day 61)?
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Are you fixed lease or periodic?

Fixed will require 30 days notice i believe.

Cheers
 
Always post and keep a copy for you records. The email could go to junk and the tenant might not see it. If a legal dispute arises the tenant would likely win. Cheers
 
I agree, it's frustrating that there are different laws in different states, isn't it?

Leaving aside the issue of email vs snailmail for now, in my example I'm talking about either fixed or periodical, so the question's the same whether 30 days notice fixed or 60 days for periodical.
The day the notice is received is day 0, the day after that is day1, so does there then have to be a "clear" 60 days, therefore increased rent takes effect on day61?

thatbum - "The short answer is that it doesn't matter that much. The notice has a date the increase starts on it anyway."
Yes but what if the date stated (that the rent is to take effect) is not the correct date (re:60days required)?
What if the stated date of effect is on day 59 or even day 60? Does a tenant then in fact have the right to not have the rent take effect because the required notice was not given? And then require that the correct notice is given, all over again?

That's all I'm looking for here, is it 60 days (or 7 days or 30 days etc) "clear" days notice, and THEN the change (increased rent, vacate, inspection, or whatever) takes effect the day after? That's what I've read somewhere but can't find where I read it.

And then also the email thing. Is a tenant within his rights to disregard a notice (even if it's all correct) if it's delivered via email?
 
Sunnies said:
thatbum - "The short answer is that it doesn't matter that much. The notice has a date the increase starts on it anyway."
Yes but what if the date stated (that the rent is to take effect) is not the correct date (re:60days required)?
What if the stated date of effect is on day 59 or even day 60? Does a tenant then in fact have the right to not have the rent take effect because the required notice was not given? And then require that the correct notice is given, all over again?

That's all I'm looking for here, is it 60 days (or 7 days or 30 days etc) "clear" days notice, and THEN the change (increased rent, vacate, inspection, or whatever) takes effect the day after? That's what I've read somewhere but can't find where I read it.
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The long answer depends on the circumstances. There's no clear answer.

I'm not particularly inclined to spend my time going into more detail because from memory, I spent some time trying to give you advice previously, and you didn't seem to follow any of it at all.
 
thatbum said:
The long answer depends on the circumstances. There's no clear answer.

I'm not particularly inclined to spend my time going into more detail because from memory, I spent some time trying to give you advice previously, and you didn't seem to follow any of it at all.
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Sounds like an askhole ;) (google it)
 
thatbum said:
The long answer depends on the circumstances. There's no clear answer.

I'm not particularly inclined to spend my time going into more detail because from memory, I spent some time trying to give you advice previously, and you didn't seem to follow any of it at all.
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Yes truly sorry about that Aonigh, but I explained that I panicked and didn't want to antagonise him. Sincere apologies if you feel you wasted your time, it was extremely mega appreciated by me. Turns out though, that there's no way he would have accepted what you suggested, anyway (he told my son in law, who is his best friend), but that's by the by now.
 
Sunnies said:
I agree, it's frustrating that there are different laws in different states, isn't it?

Leaving aside the issue of email vs snailmail for now, in my example I'm talking about either fixed or periodical, so the question's the same whether 30 days notice fixed or 60 days for periodical.
The day the notice is received is day 0, the day after that is day1, so does there then have to be a "clear" 60 days, therefore increased rent takes effect on day61?

thatbum - "The short answer is that it doesn't matter that much. The notice has a date the increase starts on it anyway."
Yes but what if the date stated (that the rent is to take effect) is not the correct date (re:60days required)?
What if the stated date of effect is on day 59 or even day 60? Does a tenant then in fact have the right to not have the rent take effect because the required notice was not given? And then require that the correct notice is given, all over again?

That's all I'm looking for here, is it 60 days (or 7 days or 30 days etc) "clear" days notice, and THEN the change (increased rent, vacate, inspection, or whatever) takes effect the day after? That's what I've read somewhere but can't find where I read it.

And then also the email thing. Is a tenant within his rights to disregard a notice (even if it's all correct) if it's delivered via email?
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FFS .... it really is not that hard! If you are using a Property Manager, ask them. If you are self managing you should already know the answer and if you don't then it is a simple matter of reading the requirements.

http://www.commerce.wa.gov.au/consumerProtection/PDF/Publications/LessorsGuide.pdf

By the way, if it is a fixed lease then forget about increasing the rent unless it is already stated in the lease agreement and if it is periodical then the minimum notice is 60 days. (If you are having trouble working out postage days then send it 65+ days, it really doesn't matter much).

Some people make a simple matter difficult.
 
Joe D said:
FFS .... it really is not that hard! If you are using a Property Manager, ask them. If you are self managing you should already know the answer and if you don't then it is a simple matter of reading the requirements.

http://www.commerce.wa.gov.au/consumerProtection/PDF/Publications/LessorsGuide.pdf

By the way, if it is a fixed lease then forget about increasing the rent unless it is already stated in the lease agreement and if it is periodical then the minimum notice is 60 days. (If you are having trouble working out postage days then send it 65+ days, it really doesn't matter much).

Some people make a simple matter difficult.
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Dazz said:
Well I must say, I thought you were the very definition of Mr Ice JoeD, completely unflappable....until now. Welcome to the stroppy club !!

You are spot on though, an amount circa 64 or 65 days would solve all of the problems and remove all lingering doubt.
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The problem here guys, is sunnies is actually the tennant, looking for a loophole to reset the notice period for the rent increase he is receiving and quite unhappy about. So searching for any glimmer of hope that 1 day error will give em an extra 60 days rent increase free.

This ofcourse is just my assumption based on the previous thread back in feb of which we all gave advice on how to handle it.

Cheers
 
HD_Ace
Thanks. I looked back and now recall the previous posts that I even responded to. That is time wasted that I will never get back!:cool:

Sunnies
You really need to get a life and move on. If you want to become an IP investor don't sweat the small stuff (even if renting).:(

Dazz
I'm practising, but I still don't think I could become a stroppy old b@stard like you!:eek:
 
lee.omare.com.a said:
Always post and keep a copy for you records. The email could go to junk and the tenant might not see it. If a legal dispute arises the tenant would likely win. Cheers
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I don't agree.

Refer to the Electronic Communications Act 1999 and your local legislative reforms - depending on location, electronic mail can and is recognised by local governing bodies. Once sent, it is considered as being issued.
 
Last edited:
HD_ACE said:
The problem here guys, is sunnies is actually the tennant, looking for a loophole to reset the notice period for the rent increase he is receiving and quite unhappy about. So searching for any glimmer of hope that 1 day error will give em an extra 60 days rent increase free.
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On the right track Mr ace, but not really ;) Landlord recently did give me 57 or 58 days' notice, which I was pretty sure was wrong, but I'm likely to just go with it to avoid hassle (not quite the tenant from hell I'm being portrayed as here, in fact quite the opposite, I can assure you). But it prompted me to ask here about notice in general.
So asking hypothetically, hence my examples of 7 days, 30 days, or whatever.

I honestly can't see what everyone's getting so angry about. I'm just asking a question, that's all. Does it really matter who I am, where I've been and which footy team I go for? :confused:
So, does the "x" days' notice have to be fully in between the date notice was received and the date of the higher rent starting?
If yes, then thank you. If no, thank you. Although explanations and or/examples would be much appreciated.
 
Joe D, if it's not that hard, then how come, unless I've misread, I haven't got an answer yet from you knowlegable people? (sorry, that sounds like a dig, but it's not )
You say
I looked back and now recall the previous posts that I even responded to. That is time wasted that I will never get back!
Why on earth would you say that? It clearly says in my posts that I did exactly as you suggested, to but no avail. I'm sorry that you think you wasted your time but I'm curious as to why you would think that.

and then, Sunnies, You really need to get a life and move on.
Ay? Because I asked a question? I don't understand why that would be your response

If some on this forum don't wish to reply to me for some reason, I respect that and it's none of my business. But I don't see the need for harsh words. I really feel attacked, here.

Dazz, you say that thatbum knows it does matter, and what I would like to know is if a tenant told the advisors that their LL had given them the incorrect notice, be it by one day, or two days, three days, what would the advice be?
I'll make it easier, imagine if it was anyone BUT me asking the question, if that helps? :D
 
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