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Maya 
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Joined: 16 September 2003
Location: Sydney
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 Topic: What should I do?
Posted: 04 June 2007 at 10:15pm |
My landlady called in today to say that our fixed term expires on 16 July (can't believe we have been here a year nearly!  ) and they are putting the rent up $10 a week. Which is fine, the dilemma is that they want me to decide on
a)fixed term till 1 March 08 then rolling over to a periodic
b)fixed term till 1 March 09 then rolling over to a periodic
c)periodic starting from 16 July when the old fixed term expires
So what do I do? Am I right that if I sign a fixed term they can't raise the rent during that time? And that if I want to move in that time I have to pay the rent until they relet the place?
We're not planning on moving any time soon, the house is great, the landlords are great and are progressively doing the place up, the only possible thing might be when Maya starts school and the gremlins start daycare as it is a bit of a drive, but I'm thinking I'll probably just do a morning school run and an afternoon school run dropping them all off and picking them all up.
What would you do?
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 Maya Grace (28/02/03)
 (02/01/06)
The Gremlins:Sienna Marie & Mercedes Kailah (14/10/06)
Lil miss:Chiara Louise Chloe (09/07/08)
Her ladyship:Rosalia Sophie Anais (18/06/12)
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kezplanet
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Joined: 01 January 1900
Location: Southbridge, Canterbury
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Posted: 04 June 2007 at 10:31pm |
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Yes, while under a fixed term lease they can not put up the rent, & if you want to move out then you can usually come to some arrangement about staying or paying till someone else takes over. If you are happy where you are at the moment & things are settled I would stay put until you are ready to make a change. If things are going smooth enjoy the break for a while.
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Kerryn, Mum to
Ashlyn(29/3/04), Anastasia(1/11/05) & Abigail (24/02/09)
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Bizzy
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Location: New Zealand
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Posted: 04 June 2007 at 10:59pm |
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i'm not sure what you mean by a periodic...
but i would go for option a
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kezplanet
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Posted: 05 June 2007 at 12:20am |
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periodic usually just means coming off a long term agreement & going from month to month which makes it eaiser for both parties to make changes - usually the landlord putting up the rent
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Kerryn, Mum to
Ashlyn(29/3/04), Anastasia(1/11/05) & Abigail (24/02/09)
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nuttymama
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Joined: 01 January 1900
Location: christchurch
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Posted: 05 June 2007 at 6:53am |
Just ignore me I'm not really here!!!  .
The other good thing is that although you can't move out without an agreement, If they put the house on the market they have to keep you in there, as a signed lease overrides the sale, unless you agree to move. Which means you don't have to deal with a lot of uncertainty.
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Abigail 06/01/2005
Jayden 21/11/2001
Micheal 03/04/1997
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my2angels
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Posted: 05 June 2007 at 1:13pm |
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I thought they could kick you out if they decide to sell or rent to a family member but had to give you heaps of notice.
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nuttymama
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Posted: 05 June 2007 at 1:30pm |
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I stand corrected only if it's a family member or an employee of the person purchasing the house, and from memory it's 90 days notice. It's still peace of mind though as most sales are through the general public.
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Abigail 06/01/2005
Jayden 21/11/2001
Micheal 03/04/1997
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Bombshell
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Posted: 05 June 2007 at 8:54pm |
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Am I right that if I sign a fixed term they can't raise the rent during that time? YES
And that if I want to move in that time I have to pay the rent until they relet the place? YES - unless Landlord agrees to find someone etc....we recently had this exact problem (with a new immigrant who went and bought a house 6 months into a 12 month rental!!! can u say IDIOT!!!!)
If you go "periodic" then the landlord can raise rent, you could give notice and the "family" clause can kick in too....basically a normal rental....
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Maya
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Location: Sydney
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Posted: 05 June 2007 at 9:12pm |
Thanks
I had a chat with Mum (after trying to discuss it with Willie who said "whatever you want dear" - very helpful he is  ) and I've decided to sign the fixed term til March 09. It guarantees my rent will stay the same, and I get on really well with my landlord and landlady so I'm sure if we desperately wanted to move before then we could work out an arrangement. And realistically the thought of moving any time soon is frightening...
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Maya Grace (28/02/03)
(02/01/06)
The Gremlins:Sienna Marie & Mercedes Kailah (14/10/06)
Lil miss:Chiara Louise Chloe (09/07/08)
Her ladyship:Rosalia Sophie Anais (18/06/12)
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What should I do?