Rent and inspections

A:

Rents cannot be raised more than six monthly.

With a fixed-term lease, if the owner is going to increase the rent during the term of the lease it must be in the contract as a condition of the lease.

It can either refer to an increase of a dollar amount, such as $10, or alternatively it can stipulate a method of increase, such as the Consumer Price Index. Only one method per rent review is permitted. The owner must provide a 60 day notice period of the new rental price.

If a tenant is on a periodic lease, the owner must give a 60 day notice period of the new rental price provided that the rent had not been increased in the previous six months.

If sending the notice by post, it is advisable for owners to add six days days on top of the mandated 60 day notice period to allow for postage delivery.

A:

No. If the owner does not honour his or her obligations under the lease agreement the tenant is not legally able to withhold rent.

If a tenant withholds rent, they may be issued with a Notice of Breach of Agreement.

A:

A basic obligation of a tenant is to pay the rent. If rent is not paid by an agreed date, the tenant is in breach of the lease and the owner or property manager can seek to end the tenancy.

The tenancy may be ended through two alternatives.

Firstly, not less than one day after the rent should have been paid, the owner may issue a Breach Notice or Non Payment of Rent Form. This notice requires the tenant to pay all outstanding rent within 14 days.

If after 14 days the rent remains unpaid, the owner may issue a Notice of Termination for Non Payment of Rent. This notice seeks to terminate the tenancy agreement and requires the tenant to leave the property within seven days.

Secondly, not less than one day after the rent should have been paid, the owner may issue a Notice of Termination for Non-Payment of Rent. The notice warns the tenant that unless the outstanding rent is paid within the next seven days, the owner or property manager may apply to the court for an order to terminate the tenancy agreement.

If sending the notice by post, it is advisable for owners to add six on top of the mandated 14 and seven day periods to allow for postage delivery. Tenants can reasonably expect this courtesy also.

A: Not more than four times each year. Inspections must be held between 8am and 6pm. Tenants must be advised if the inspection is before midday or after midday.

A: Not less than seven days or more than 14 days.

A:

The simple answer is generally no.

The contract for the sale of land is a legally binding contract between the buyer and the seller that has been enforced in many court hearings.

Generally the only way that a contract will come to an end prior to settlement is if the parties to the contract agree to a termination or if any contract conditions have not been satisfied.

If the buyer and the seller agree to a termination then the buyer may still be liable to pay the conveyancing duty on the value of the contract to the state government. The buyer should therefore seek qualified advice prior to requesting a termination.

As to the conditions of a contract, the buyer should carefully read and understand any special conditions. Often those special conditions have to be completed by an agreed time and date. Buyers should always seek qualified legal advice prior to trying to terminate a contract because of unsatisfied special conditions.

To avoid time consuming and costly disputes, it is very important that if you are thinking of making an offer on a property then you are absolutely certain that this is the property that you want to buy. Once a contract has been signed by the buyer and seller, it will be difficult to terminate.