I notice you're in Queensland. Does the Queensland Act allow for that?
Do you have to provide a delivery receipt or read receipt?
Rent increase notice.
- Thread starter Sunnies
- Start date
I notice you're in Queensland. Does the Queensland Act allow for that?
Do you have to provide a delivery receipt or read receipt?
I'll make it easier, imagine if it was anyone BUT me asking the question, if that helps?
I've already answered it.
You mean it depends on the circumstances and there's no clear answer?
Hmm, ok that's a hard one, then, lol. What if the circumstances were that the notice was given properly in every regard (physically through the mail, address, date of effect, etc), but the date of effect stated was a couple of days short of the required 60 (or 61, whatever it is?), like in my situation where I was given 57 or 58 days.
If Joe Bloggs, not me, started a thread here asking where he stands legally in that case, whether he had a right to ask for the required notice, what would your reply be?
Joe bloggs
The notice period for a rent increase must allow 60 full days. This does not include the day it is issued and can only take effect after the last day of the notice.
It can be issued person to person or posted. If posted the notice date starts when they would have recieved it ie 2 weekdays for perth metro 3 days for regional. Plus the weekend days if required.
I suggest that if your notice is a few days short to just pay the increase and dont stress over the small things in life.
Cheers
The notice period for a rent increase must allow 60 full days. This does not include the day it is issued and can only take effect after the last day of the notice.
It can be issued person to person or posted. If posted the notice date starts when they would have recieved it ie 2 weekdays for perth metro 3 days for regional. Plus the weekend days if required.
I suggest that if your notice is a few days short to just pay the increase and dont stress over the small things in life.
Cheers
I'd be giving the same reply. Its the same advice I give at work. You have some grounds to try your luck at the Magistrates Court if you want, but the rent increase is going to happen sooner or later - and typically the difference is something like $100.
Its a waste of my time to try and analyse further.
In QLD the act allows it and I believe in SA also. No receipt required.
Thaaaaank you very much, ACE, and thatbum.
Ace, I'm not sweating it, my increase is coming soon and when I saw that he'd only given me 58 (or 57, it now seems) days I wasn't going to dispute it because my current life cannot afford the added stress of a dispute, and I've met him a few times and he's a nice bloke. If he'd been some faceless LL who had previously treated me badly in some way, then I may have considered it, I don't know.
As an aside thatbum, if I had exercised my rights and not payed the increase when the time comes, and required the "proper" notice, it would have, in fact saved me about $350 (which is an awful LOT, to me).
Thank you both again, and others who replied, That's all I wanted.
I shall leave you in peace
Ace, I'm not sweating it, my increase is coming soon and when I saw that he'd only given me 58 (or 57, it now seems) days I wasn't going to dispute it because my current life cannot afford the added stress of a dispute, and I've met him a few times and he's a nice bloke. If he'd been some faceless LL who had previously treated me badly in some way, then I may have considered it, I don't know.
As an aside thatbum, if I had exercised my rights and not payed the increase when the time comes, and required the "proper" notice, it would have, in fact saved me about $350 (which is an awful LOT, to me).
Thank you both again, and others who replied, That's all I wanted.
I shall leave you in peace
For someone not wanting the added stress of a dispute, you would have raised issues due to the landlord being a couple of days out with the rent increase notice. Whilst technically you probably are in the right, how much stress would you feel if you then had your landlord start to cause trouble, end your tenancy or otherwise make your life difficult.
You seem to have caused yourself a fair bit of stress already over this little matter. Just pay the increase and move on, or find a cheaper rental.
What??? hahaha, oh my God is this some kind of joke?
DT, I said I'm not going to, and wasn't going to, exercise my right to proper notice, and even if a landlord had been horrible to me in the past, I "May" have "Considered" it (meaning I also may have not even "considered" it).
And that makes me someone you wouldn't rent to?? Why on earth not? Are you saying you would prefer to rent to a tenant who would ignore the increased rent because of insufficient notice? Really?
Or are you referring to the fact that I may have considered it "only if" he had previously been horrible in some way?
If so, does that mean that if you had a tenant from hell, someone who had treated you badly somehow, you would accept them doing something against the rules that would personally cost you about 60% of your weekly income? Why?
Wylie, you've lost me. "For someone not wanting the added stress of a dispute, you would have raised issues due to the landlord being a couple of days out with the rent increase notice."
Would I? I think I actually said that IF he had previously treated me badly in some way, then I MAY have CONSIDERED it. That also means that if he was the LL from hell, I also may NOT have even considered it.
"...if you then had your landlord start to cause trouble, end your tenancy or otherwise make your life difficult."
When was that going to happen? Did you not read the part where I said I always was, right from the start, going to ignore the fact that a couple of measly days were missing??
"You seem to have caused yourself a fair bit of stress already over this little matter." Hahaha, I'll repeat, I was always going to pay the increase. Jees.
Asking a simple goddamned question on here, or rather the rude responses, has been the only stressful thing about it!
"Just pay the increase and move on". Er.. not to sound like a broken record, but.... oh never mind, haha. Wow.
Do you guys treat every newcomer like this? lol.
DT, I said I'm not going to, and wasn't going to, exercise my right to proper notice, and even if a landlord had been horrible to me in the past, I "May" have "Considered" it (meaning I also may have not even "considered" it).
And that makes me someone you wouldn't rent to?? Why on earth not? Are you saying you would prefer to rent to a tenant who would ignore the increased rent because of insufficient notice? Really?
Or are you referring to the fact that I may have considered it "only if" he had previously been horrible in some way?
If so, does that mean that if you had a tenant from hell, someone who had treated you badly somehow, you would accept them doing something against the rules that would personally cost you about 60% of your weekly income? Why?
Wylie, you've lost me. "For someone not wanting the added stress of a dispute, you would have raised issues due to the landlord being a couple of days out with the rent increase notice."
Would I? I think I actually said that IF he had previously treated me badly in some way, then I MAY have CONSIDERED it. That also means that if he was the LL from hell, I also may NOT have even considered it.
"...if you then had your landlord start to cause trouble, end your tenancy or otherwise make your life difficult."
When was that going to happen? Did you not read the part where I said I always was, right from the start, going to ignore the fact that a couple of measly days were missing??
"You seem to have caused yourself a fair bit of stress already over this little matter." Hahaha, I'll repeat, I was always going to pay the increase. Jees.
Asking a simple goddamned question on here, or rather the rude responses, has been the only stressful thing about it!
"Just pay the increase and move on". Er.. not to sound like a broken record, but.... oh never mind, haha. Wow.
Do you guys treat every newcomer like this? lol.
Sorry you are miffed with answers. I only answered because you seemed to have caused yourself plenty of stress and then you say you don't want stress
Let me ask you this. Were you hoping that because the landlord sent a notice with 58 days' notice and not a clear 60, you would not be obliged to pay the increase and that the landlord would need to send you another notice to increase the rent with the correct notice, ie. you would get another 60 days at the cheaper rate. It appears this would save you $350 or less than $6 per day. (If your landlord doesn't renew the lease next time it will cost you way more than that to move all your stuff to another place.)
If I was the landlord and you were my tenant, I would accept that you are correct, and I stuffed up, but I would be annoyed at your attitude (legally correct or not). It would make me less inclined to help you with anything you might ask for and more than likely I would have you leave at the end of the lease. I don't need or want tenants like that.
I have great tenants, with mutual respect. I never have issues like this, and that is because I treat my tenants like they treat me.
The only other thing I can think you might have assumed was that you would start paying the increased rent after the proper time had elapsed, ie. another five days, but your $350 comment discounts that idea.
So, your landlord sounds like he/she did make a miscalculation in the notice period and you could kick up a stink and stamp you feet and have a small win, but the rent will still go up in another 60 days, and you now have flagged yourself as a problem tenant.
How much stress do you want?
