'Notice of Intention to Leave' - How Soon Do You Feel Tenants Should Notify The Real Estate Agency at End of Lease Renewal?

EDIT to add: This is in QLD, by the way.

Basically my lease is coming up for renewal - it ends mid-February.

The Real Estate sent a preliminary, somewhat informal email asking of my intentions for when my current six month lease about two weeks ago. I did not respond to that email, and then got my official lease renewal request a week later via email (on the 25th Nov). They informed me I had a due date of the 30th of November to sign the lease renewal or give notice to intend to vacate. I didn't realise they had a due date attached to the email, so I hadn't responded to that one yet either.

I do not intend to renew my lease, for a few reasons (I'll list below, not exactly important).

They've now sent me an automated text message requesting I complete the lease renewal form by COB 6th December. I can absolutely let them know now that I am not going to renew the lease, but the thing is - I dread the thought of constant inspections of prospective tenants. Coming into summer with the heat, I just hate the thought of my Saturdays and Sundays being taken up for this sort of thing.

In the official Lease Renewal email it stated that, if not renewing:

• All Tenants are to complete, sign and return the enclosed RTA FORM 13 ‘Notice of Intention to Leave’ giving at least two (2) weeks notice in writing to vacate the premises on the expiry date of the existing General Tenancy Agreement.

So, morally, should I notify them in a reasonable amount of time, or straight away, seeing as I know I am not going to renew?

Reasons I am not renewing:

  • Rent increased $5 a week last time I renewed, this lease they want an additional $10 a week.
  • Want to find a place with my partner, with nicer amenities.
  • It's a block of units, six in total. Each unit has been advertised on RealEstate.com.au or Domain as having 1 carpark, but there are only four car parks, not six, so it's first in, first served for parking. I live in a traffic controlled area so it's a pain to park on the street - It's never really been an issue before because we've always had one or two units vacant the whole time I've lived there, so parking wasn't too scarce. But now the unit is fully tenanted.

TL;DR The lease states I need to give at least two weeks notice to vacate the property at the end of lease. The Real Estate is starting to hassle me now to notify them of my intentions. I dread the thought of constant inspections of my place coming into summer.

Poll Options expired

  • 5
    Notify the Real Estate soon
  • 6
    Notify the Real Estate immediately
  • 150
    Notify the Real Estate before the two weeks before lease ends

Comments

  • +7

    as a landlord, earlier the better..

    • +11

      I completely understand why a Landlard would prefer the earlier, the better. The only reason I am hesitant is because I don't want to deal with inspections all the time of prospective tenants, ya dig? Their own email states two weeks notice is required to inform of intent to vacate.

    • +31

      They often don't deserve earlier the better, I say stick to the 2 weeks if you haven't been happy.

      • +2

        ^ This all day

        • +1

          My agent told me we have 1 month. This is in NSW.
          I am not trying to take sides.
          Obviously for landlord the earlier the better. Reverse is true for tenant.
          But it also depends on other factors such as your ongoing relationship.
          With my tenants, we have never tried to be difficult.
          We entertain their request to have a final 6months contract than 12months to year end (which is more difficult according to my agent to find new tenants) etc. But that agreement early notice gave my agent ample of time to find new tenants and hence only vacant for 1 week.
          It will never work when you are only taking and not giving

    • as a tenent… keep your options open.

  • +29

    As late as possible under your contract. If you do it early you'll have your life constantly interrupted by inspections for new tenants or weekend open houses where a whole bunch of strangers come wandering through your house. And you don't get compensated for it. (profanity) that noise.

    • My thoughts exactly.

    • +2

      Is there a law stopping me from drinking in my underwear when the inspections on? Maybe not in underwear but can I be in my lounge room drinking and listening to music?

      • +4

        To be honest it is in your interest to have it well presented so they find a new renter asap. Otherwise if you dick around in your undies it will just be on inspection all the time.

      • I've been to inspections where the place is a mess and people were still asleep in bed

      • I had this situation years ago where we were leaving a big 6 bedroom house near a university. Of course the RE agent wanted to schedule an inspection at 9am every Saturday. Half of us weren't even awake at 9am on a Saturday. After the first couple, I just started locking my bedroom door. If the RE agent had specifically asked I would have opened it, but not otherwise.

        After it was all over, they 'thanked' us with a carton of XXXX Gold - which no one drank.

    • Inspected an apartment with some friends recently and rocked in on a family in the middle of cooking lunch. Startled their toddler (who started crying) and general all round awkwardness. Don't think the agent even told the family there would be an inspection happening which was pretty bad.

  • +3

    As a landlord, I would appreciate as much forward notice but I do not expect any favours.

    2 weeks minimum. I'll exercise whatever means of charging more if that minimum is breached.

    • +6

      I don't stuff around with that sort of thing, always by the book at least. So they'll definitely receive at least two weeks notice.

      Thanks for the input

  • +5

    I just hate the thought of my Saturdays and Sundays being taken up for this sort of thing.

    According to the Queensland RTA, unless a tenant agrees, open days are not allowed. Also, unless the tenant agrees, any other viewing must not be on a Sunday or public holiday. (still a potential problem for a Saturday though) See link below:-

    https://www.rta.qld.gov.au/Renting/Ending-a-tenancy/Open-hou…

    • +1

      Is there a difference between an inspection and an Open House? By that pages admission, I think they can host inspections and only need to provide me with a 24HR Entry Notice beforehand.

      • +3

        Mu understanding is an Open House is an advertised date and time to 'the world at large' where potentially anyone may turn up to view during that period. Whereas a viewing is a prearranged date and time for a specific person(s) and no other uninvited person may attend.

        However, i believe you are correct in that the REA may only have to give you 24 hours notice for a specific viewing

  • This timeframe depends on the contract you signed. some contract state at least a 30 days/ fortnight notice. check yours.

    • +2

      In QLD for a fixed lease, without grounds - it's 2 weeks before the end of tenancy agreement

      • +1

        good to know, i'm in VIC

      • I assume that the contract (lease) could stipulate a greater period, but not a shorter period. Most agents just use the standard boiler plate from the RTA though.

  • -8

    Give them immediate notice. give them 2 days they can do inspections for 1.5 hours . That there is reasonable.

    • +5

      It doesn't work like that.

      • -4

        can you show evidence of this ?
        South Australia:
        Show Premises to Prospective Tenants: reasonable notice—the landlord can enter to show the premises to prospective tenants only in the 28 days before the end of the existing tenancy agreement. The landlord must give the tenant reasonable notice of each inspection—best practice would be to give at least 2-3 days notice if possible. The landlord can only conduct a reasonable amount of inspections. Although there is no specific limit, the landlord should consider the peace and comfort of the tenant. Good practice would be a maximum of 2-3 inspections per week.

        • +5

          The OP is in QLD not SA and each state has different rules. Even your post above allows for more than 2 inspections at 1.5 hours (where did this come from and I don't think this is at all reasonable?).

          • -1

            @robbyjones: Sorry didnt see where he said QLD, in SA its reasonable the rental market is saturated, there is no reason to hold more than 2 they will get plenty of applications.

        • OP is in Queensland. Different rules for different States.
          https://www.rta.qld.gov.au/Forms-and-publications/Forms/Form…

          To show prospective purchasers or tenants, the notice required is at least 24 hours and reasonable time has lapsed since last entry for the same reason.

    • +1

      Sorry, are you suggesting I notify them immediately? I don't quite understand your sentence.

      • -1

        I would give them notice you are not renewing. Lets face it when you don't sign they are going to know. Then tell them you understand that they will need inspections so you will allow them to have 2 x 1.5 hour inspections during the normal notice period.

  • +20

    As a tenant you have to remember that the RE is acting for the landlord, and not for you. So they can and will push and carry on to meet their deadlines, irrespective of whether it's actually lawful or not.

    I'm rather surprised they're pushing for renewals 3 months ahead though. Even if you don't confirm a renewal, then you should switch to an ongoing/periodic lease - UNLESS they provide you with the proper notice to end the agreement.

    If they continue to push you then simply respond with 'not sure yet, we'll let you know by the notice date on the X of January, as per our tenancy agreement" and then let the RE sweat it out until then.

    • +5

      lol. Harsh, but fair.

      • +6

        Just because YOU'VE made up your mind, doesn't mean the RE has to know this! lol

        You only have to give two week's notice before the end date. BUT, they have to give YOU two month's notice, apparently (without grounds termination):

        https://www.rta.qld.gov.au/Renting/Ending-a-tenancy/Notice-p…

        But I don't have experience with QLD's specific tenancy rules if there are other issues.

        • +2

          I'm wondering if I should at least tell them I will notify them when I'm ready to notify them - so they stop emailing/texting me with made up deadlines!

          • +8

            @ThithLord: That's exactly what I meant before - let them sweat it out.

            "Hi Manager,

            We are undecided as to our activities regarding our tenancy as of yet. We will notify you by the [xx]th of January 2020 (as per our agreement's terms for notification) whether we will be renewing our lease. We will not be responding to any correspondence relating to this issue until this time, when a decision has been made.

            Kind Regards,
            ThithLord"

            Then anything else they push can be referred back to this email, and if they keep harassing you then you can escalate as needed.

            • @Switchblade88: That's pretty spot on. I feel a little guilty taking the hardball stance because the tenancy has been pretty issue-free - rent is bloody cheap, even if I stayed and had $10 smacked on. But hey, I'll think on it!

              • +7

                @ThithLord: Don't feel guilty; you aren't owed any favours. You certainly can't expect to redeem a favour from your RE, they are the ones pushing you for a decision. Especially this early before the end of the lease.

                Besides, you could always word you email to say "We'll let you know after Christmas" to keep it even more vague/undecided and less hardline. They may not push for termination if they've already made an offer at $10 more; they'd rather keep you than have to find new tenants.

                Just remember, the RE did already give you a FALSE deadline to respond to them (by the end of Nov) which you are not obligated to meet; sounds like they're prepared to play hard unless you put your foot down, and tell them to stick to the legislation as expected of them.

          • @ThithLord: NO…. you are sounding stupid

        • +1

          This is the key. The landlord needs to provide 2 months notice, so quite possible that if you don't let them know by mid Dec, they'll give you notice to vacate instead in which case you've still got to handle open days.

          • @MrHyde: I didn't think of that but I hardly think they'd take that route - they don't gain any extra monetary value (in fact, they'd lose $$ unless they happened to get another tenant ASAP), and would have to take into account that that manoeuvre could aggravate a tenant.

            • +1

              @ThithLord: Depends on how long the landlord thinks it'll take to find a new tenant. In high demand areas, 2 weeks would be enough - in low demand areas, it make take 2 months - in which case they would lose money if they don't start finding a new tenant ASAP. As a landlord, I would not wait for you to make a decision in the latter scenario.

        • Just because YOU'VE made up your mind, doesn't mean the RE has to know this! lol

          This^

          We were like 1 day away from signing a renewal when we found out a bunch of (profanity) had moved in above us and intended to have house parties every weekend.

          Delay as long as possible in case you change your mind.

    • +1

      "I'm rather surprised they're pushing for renewals 3 months ahead though. Even if you don't confirm a renewal, then you should switch to an ongoing/periodic lease - UNLESS they provide you with the proper notice to end the agreement."

      Which is what I gather is happening. They are gauging interest and if the tennant doesn't sign, or doesn't indicate he will sign in the next week, they will assume he is leaving and start proceedings to end the tenancy. If they agree to sign they will give notice to end the tenancy and give a new 12 month lease to sign (rather than the periodic lease).

      My thoughts are if you don't agree straight away, they will treat you like your leaving anyway.

    • It doesn’t surprise me since it’s christmas coming up. It’s painful for both sides to move around that date.

  • -5

    SO if you are planning to vacate why DON'T you notify them now?

    • +1

      I dread the thought of constant inspections of prospective tenants. Coming into summer with the heat, I just hate the thought of my Saturdays and Sundays being taken up for this sort of thing.

      This is honestly the only reason. From ym reading on the situation, they can have people inspecting the property with only 24hr notice to me. I loathe the idea of constantly having to maintain the place to a presentable level. The place is poorly insulated, so it's hot as hell. Perfect cleaning weather, lmao.

      • +4

        Keep in mind you don't have to tidy up or anything for inspections. They are able to arrange inspections with little notice, but other than feeling some potential personal shame there is nothing making you tidy up more than you would otherwise. The Real Estate can offer to compensate you to tidy up a bit to make it more presentable, but don't go out of your way to do a 'bond level' clean before you have to.

        This being said as a property owner I would appreciate the additional notice but wouldn't expect it. As a former renter however, I'd wait until you are legally required to give notice.

        • Thanks for the input, it's good to know. I've been renting for a while now but never officially on a lease, this is my first lease that I've undertaken (I've been at my current residence for maybe 2.5 yrs). So I'm a newby on the expected protocol.

          I think i'll settle on a months notice, only because the REA has been very good to me other than my gripes about the deceitful parking situation.

      • +4

        You definitely don't want a house open. All those strangers pawing through your stuff.
        And inspections or viewings are equally unpleasant. We hated it when we were renting. You don't want people going through your house. So let the agent know that their proposed inspection times are inconvenient as you will be out and you don't want people poking through your stuff.
        If the agent insists…

        • Make sure that the toilet is full. Like overnight. Turn off the toilet valve and flush the cistern the night before so the Real Estate agent can't just flush it away.
        • If you can bear it, leave the aircon off. And sit around like bogans in your jocks with something really offensive on the telly.
        • And most importantly, have kippers for breakfast. It will stink the place out and ensure that potential renters have a stomach churning experience when they walk through the door. (I personally love kippers but you don't actually need to eat them, you can always stick them in the toilet with all the other shit).
        • +2

          Diabolical!

      • +1

        I can appreciate this. Had a gold ring (my namesake's signet ring no less) stolen from a house inspection that was sprung on me and I couldn't prepare the property for (putting my personal stuff away). I was livid, but 1. was a poor student so not insured and 2. had no evidence.

  • +3

    1 or 2 units vacant the whole time and they want to increase the rent. Move next door.

    • To be fair, it's one of the cheapest 1Bedroom units to rent in Brisbane, even with a price increase! But I see your point.

  • +1

    The legally minimum required notice period is best for reasons others commenting have already mentioned

  • +1

    I Havent decided yet is the best option. Using Christmas as a delay tactic should work well, they probably want to get a jump on advertising so their short-staffed January isn’t busy.

    Come up with a back story as to why you aren’t making up your mind yet. Something plausible like my employer is restructuring in the new year and there is potential for a promotion and or relocation. Or you have sick parents that you need to find accomodation for, or expecting a new bub so will probably move after Christmas.

    Make it complex and ensure all your friends and family are trained in the back story so they can’t unravel your cunning plan.

    • +3

      Got a lot more privacy issues if your agent is asking friends and family about your personal life!!

      But definitely spin any yarn to keep them undecided

  • +10

    Morally, you don't need to worry about inconveniencing Realestate Agents. If my experiences are indicative, they have no morals and will screw over both tenants and landlords.

  • +1

    You can do what you want, however the landlord and realestate will probably be nicer to you if you give extended notice. From personal experience of wanting a bond back sooner (moving 7 hours away and didn’t want to deal with the nit picking about a scratch on a wall) and needing a reference for the new place, it was smoother with the realestate on side.

    • +3

      False on real estate niceity. Had rented. Gave early notice and they don't give a shit despite inspections for 6 weeks. They kept demanding it to be cleaner and less cluttered. Wtf, we're not moving out yet. In addition, they really wanted the bond money (looks like no one wanted to move in, so they wanted to go after our money?) . They highlighted every issue despite move in report saying its there, and had audacity to tell me that it's not final inspection on the day but when they do it with landlord.

      Now I encourage bare minimum cooperation to anyone that decides to go with the real agents unless landlord shows up. Sorry, it's business.

      • -1

        So you had a bad experience, move on. I also stated it was smoother with the realestate onside, they also hounded us, but that reference allowed us to rent the next house without a viewing.

        Giving people the advice of being a complete jerk and it all being business isn’t helpful, it just leads to hostility. They are doing their job, they work for the landlord.

    • +15

      lol, no bruv. I pay them a weekly amount of rent, so I should be able to enjoy the space how I envision - without interruptions from prospective tenants. Renters aren't your minions who do your bidding, sorry. We're real people with real feelings.

      • +4

        Too right!
        This is called "quiet enjoyment" and is enshrined in the legislation
        https://www.rta.qld.gov.au/Renting/During-a-tenancy/Living-i…
        "It is an offence for a property manager/owner to interfere with a tenant's reasonable peace, comfort and privacy."

        • That was the phrase I was thinking of - quiet enjoyment.

        • No, not right. This situation is not even close to what that piece of legislation is referring to. The legislation is clear and renters absolutely have rights. These have been very well defined in this thread. What will probably happen: OP will be given a notice to leave with 2 months notice at the end of their lease because they won't give a straight answer to sign a new contract. The real estate agent will then be within their right to show the property to prospective tenants with 24 hours notice. OP's landlord doesn't even sound that bad considering OP openly admits they are getting amazingly cheap rent, even though it's been going up marginally each opportunity.

    • +3

      ^ this one is a landlord!

    • +2

      Yeah what it takes to own a property involves closely reading, and then sticking to, any contracts you sign.

      2 weeks at least means 2 weeks at least.

    • -6

      This is a valid comment and the only reason why it got so many downvotes is that majority of people rent and have no clue about homeownership

      They think if they rent they actually own the place.
      I agree with you and the OP should suck it up and let inspections follow

      I bet if you were looking for a new place the exact thing will happen

      You cant have it both ways mate. Suck it up.

      • +3

        Anyone who owns a property to live in or lease should have at least a cursory understanding of contract law.

        Leave the alleged emotional burden of home ownership out of it. If OP is only required to give two weeks' notice of their intention to vacate according to the contract and they adhere to that requirement then there's nothing more to say.

        If the contract allows for inspections to take place in that two week period then OP has to accept that. That said, they are allowed to share the fact that they don't like the idea of inspections on OzBargain.

        Note that OP did not mention anything about trying to prevent or avoid inspections taking place. They are just trying to reduce the impact of those inspections as much as is legally permissable under the contract terms.

        • Thanks for answering, Nomadesque - I have zero issues for inspections in those two weeks. My issue is if I notify them now of my intentions to leave, they could have inspections from now until I leave? The lease ends mid-Feb, so if I notify them now I'll have a month or two of inspections, possibly! Or am I wrong here?

          • +2

            @ThithLord: The short answer is yes, they can hold inspections once you give notice of your intention to leave provided that they comply with the notice periods etc. set out in legislation. See 197 below.

            Note that they are not allowed to have an advertised "open house" without your consent while you're still living there (per 204).

            I am not a lawyer etc. etc. All I have to go on is what is written in the QLD Residential Tenancies and Rooming Accommodation Act 2008.

            Some relevant snippets:

            192 Grounds for entry

            (1)The lessor or lessor’s agent may enter the premises only—

            (f)to show the premises to a prospective buyer or tenant;

            193 Notice of entry

            (1)The lessor or lessor’s agent may enter the premises under section 192(1)(a) to (i) only if—

            (c)the entry notice is given—

            (ii)for another entry—at least 24 hours before entering the premises

            197 Entry to show premises to a prospective tenant

            (1)The lessor or lessor’s agent may enter the premises under section 192(1)(f) to show the premises to a prospective tenant only if—

            (a)a notice to leave the premises is given to the tenant before, or when, the entry notice is given to the tenant; or

            (b)a notice of intention to leave the premises has been given to the lessor by the tenant.

            204 Lessor or lessor’s agent must not conduct open house or on-site auction without tenant’s consent

            (1)The lessor or lessor’s agent for premises must not do either of the following without the tenant’s written consent—

            (a)conduct an auction, or allow an auction to be conducted, on the premises;

            (b)conduct an open house, or allow an open house to be conducted, on the premises.
            Maximum penalty—20 penalty units.

            (2)In this section—
            open house means an advertised period during which premises that are for sale or rent may be entered and inspected by prospective buyers or tenants generally.

            • @Pantagonist: Welp, stuff that heat!

              • +1

                @ThithLord: Yep, just give the notice you're required to give and nothing more.

                If the shoe was on the other foot and the REA "did the right thing" (unlikely, I know) and gave you more than the required notice that you needed to vacate due to the sale of the property (for example), I expect you'd start looking for alternative accommodation immediately and move out as soon as another option became available.

                Speaking from personal experience, whenever I've given more notice than required to REAs, past employers or any other instances where I've entered into contracts, I've never been left better off.

                It sucks that people can't shake your hand, look you in the eye and give you their word as bond but unfortunately that's the "society" we've created for ourselves.

    • +2

      you would understand what it takes to own one..

      What, money from a bygone era of prosperity and being born earlier?

    • +3

      What you don't seem to understand is that the landlord-tenant relationship is symbiotic, not parasitic.

      • Eloquently put

    • +5

      Your opinions are disgraceful. Renting a property is not borrowing it. Tenants are paying for their right to live peacefully. They are not just "guests" in your home.

  • +2

    You don't need to renew your lease…. they roll over into a continuous agreement. You are showing weakness in this area.

    I feel they requesting you to fill out forms is simply a way in which they gather more info upon you.
    There should be no questions relating to income, who else resides on the premises, etc.
    It is simply a contract between you and the land lord — no one else, and certainly no more information than necessarily so.

    Check your lease agreement for Notification to Vacate Premises. It may be only two weeks for the tenant. Usually 28 days for landlord.

    One last thing; ask land lord who they contract for cleaning, then hire this same mob. If any disputes in this area, you have their own contractors to blame.

    Always, always, place them on the ropes.

    Hide/cover all your personal photos on the walls. Take off all notes etc upon your fridge. They can and DO take photos in order to create a dossier on YOU.

    • All they've sent me is the bog-standard lease renewal form that I've submitted last time it was due for release - but this time I'll be vacating, hence the question on what I morally should do. Seems everyone here is saying to sit tight with the information until closer to the date of vacating.

    • Why would they do that?

  • +3

    2 weeks and a day . For the reason you mentionned above but also just in case you don't find another suitable rental to move to.

  • +2

    you are moving out who careeeeees. 2 weeks and 1 day so you can say you gave them more than the minimum required. just clean up before to get your bond.

  • +2

    You got some good advice from tenants here and some recommendations whilst not obligatory too from landlords. Sounds like you stick to the book and know what your doing, also have more than reasonable reasons for it. Good luck on the new place and the hot summer

    • Thanks for the kind words, I'm going to give the place a spritz, don't you worry!

  • +8

    Last time we moved and faced inspections, it was summer. I made sure I had heaps of portable airconditioners lying around the place (working or not) all switched off and the house all closed up and hot inside. (the house was really well insulated btw, the aircons were just ones I had collected over the years). They had one round of inspections then realised the aircon apocalypse was putting off prospective tenants, and asked me to let them know when I had moved all the aircons. The aircons were the last things out the door.

    • +2

      Aircon apocalypse lol

      • It rolls off the tongue!

  • If you don't give the notice of intention to leave, can RE/Landlord terminate the lease giving 6 weeks of notice before the lease expired ? If they do so, can they still let others to inspect the property ?

    • No , they can't. They can only ask the tenant to leave at the end of their lease.

  • +3

    I'm a landlord and even if i know tenants are leaving early, I still only get people in the last 2 weeks anyway. I find that people looking are the ones wanting to go soon, not in a month.

    • That's a fair assessment, but I'll be in the looking for a place a month in advance party cos my lease ends two weeks after my missus' lease ends, lol

      • You still don't need to tell them anything before the two weeks it says in your contract. If you do start earlier than that, you could tell them and move at the same time, avoiding all that inspection drama. Cos i agree with you there, i hate it. I don't like bothering my tenants and tend to have inspections in the last week if at all. It's often easier for me to wait until they are gone because then the place is all cleaned and ready to go.

      • assuming you and the missus find a new place, give them 15 days notice but also offer to end immediately if they find a new tenant. might save you a couple of weeks rent.

  • I suggest calling RTA and ask your rights , explaining them your concern.

    They will give advice based on the legislation..

    • Thanks TotalGadget - I know my rights, which is two weeks notice before the end of the lease. I've only posted this thread because in the last few weeks the REA keeps badgering me about my intentions, whereas my lease doesn't end till mid-February!

  • +1

    nothing stops you from having 10 drunk bikies having a "civilised" discussion about current politics while fueled with alcohol during the inspection

    • OzB, do your thang~!

      • +1

        the trick is having them sitting outside the neighbours place. not your own.

  • +1

    can’t you just go week to week without renewing lease? Still requires 60 days notice from landlord if you have to vacate. Any you can stay as Surely it’s illegal to go “renew the lease or we kick you out”??

    Edit: oh you want to move out! Never mind.

  • We aren’t on a lease anymore and it’s been this way for nearly a year, week to week or whatever it is, bizarre they are trying to get you to act so close to Christmas and face having the house unoccupied for two months

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