Planning to End Our Lease Soon - Haven't Told Agent/Landlord - Address Reference?

OMGJL on 14/04/2024 - 23:11
Last edited 14/04/2024 - 23:12

Hi All, just want to pick your thoughts:

We are renting a place (in NSW), and the rent will increase by 20% at the end of our contract (end of May). I understand that this things could happen, but with several reasons, me and my wife have decided that we might as well move to elsewhere instead. (Reasons at the end of the post)

Q1: If we completely follow the rule, what's the Minimum notice period for giving our agent a termination notice?

According to FairTrading NSW, End of the fixed term agreement = 14 days, End of the periodic agreement (no specified reason) = 21 days.

Given our 1 year fixed term (contract renewed after the initial 6 month contract) is ending by end of May, are we expected to give 14 or 21 day notice?

Q2: We are starting to look for new place to rent, for our benefit, when should we start our lease?

We do expect some overlap between the 2 leases, given how hard it is to rent a new place as of right now, what move in date should we put into our application? Most place listed on realestate.com.au have available dates from around 20th April - 1st May ish at this moment, if we put in move in date in early May, a month overlap seems a bit too much?

Q3: In case if we weren't successful in any rent application, I still need a place to live, what should I tell my agent?

can we tell the agent we are submitting rent applications right now and expect to move out in a uncertain date?

Q4: RealEstate.com.au requires an Address Reference by agent on applications, Should I, and when should I give out our agent's contact detail?

Are we going to experience any back fire if they knew we are considering moving out?

reason to move out:
Place we live is near a busy(yet small) intersection.
Tons of reckless drivers, making noise all the time, Raving the engine and honk their horn, tyre noise too, happens regardless of time, sometime even in late night 2-4 am.
The Unit we live in have an open back yard for all tenants to park, random people keeps driving in to the backyard and park at our private spot.
other tenant dump rubbish (like old furniture) on the curb all the time

it was considered cheap before, the layout of the house is decent, the house is relatively clean too, plus they accepted our rent application even when we had 2 cats, so we have been bearing it for the past year and half.

Any suggestion is welcome, thanks in advance!

Home & Garden

Comments

    • OMGJL on 14/04/2024 - 23:31
      +1

      I thought we need to give out a termination notice even if we enters the end of contract - it'll just automatically become a lease with no fix term contract?

      Although I do believe we are in a good position in most area(double income, no kids, never miss out on rent ever, kept house in good shape, have savings), but we do own 2 cats which can be bad to some landlords. So we do need a backup, and staying in current place before we land an application would be our best option.

      • May4th on 14/04/2024 - 23:35
        +6

        you still need to give notice, period.

      • HeWhoKnows on 21/04/2024 - 23:02

        "I thought we need to give out a termination notice even if we enters the end of contract - it'll just automatically become a lease with no fix term contract"

        100% correct

        Thats why you dont listen to foolish remarks

      • HeWhoKnows on 21/04/2024 - 23:06

        Try to give 21 days notice.
        It works in your favour and its in the spirit of good co-opertion from both sides.
        Agent will likely provide a good reference in return.

        Though due to the difficulty in finding places to rent it might be better to start your search first and very soon, get an approval, then give notice.
        Again due to the tight rental market, dont expect any favours when it comes to the commencement date of the new lease.
        The agent will likely give priority to the applicants that can start thier lease the earliest.

        Hence you will likely have an overlap of a week or so of the old lease with the new lease.
        But that comes in handy as it gives you more time to move and then return to clean.

        • OMGJL on 22/04/2024 - 00:25

          thanks a lot for your clarification and reply.

          The only other thing I wonder is — I'd like to keep looking for a property and not moving so urgently, so we can find one that's more satisfactory than moving into yet another one with some downside… (I get that every property has downside, I meant those I can't bear)

          but to do so, I can't get agent's reference if I don't want to tell them I'll move soon (with uncertain date).

          So the real question is: how important is this reference? Can I go by without one..

          • HeWhoKnows on 23/04/2024 - 18:08
            +1

            @OMGJL: Just focus on moving. OP.
            As long as you pay on time and leave the place sparkling clean, you will get a good reference.
            When you move every agent wants a reference from your previous agent. So this is very important!
            Doesnt necessarily need to be a piece of paper handed to you.
            The new agent contacts the old agent direct and askes about 20 standard questions
            So best to be on thier good side and have a clean slate.

            As for the move out date, there is no need to move out at the end of your lease.
            And there is no need to sign a new lease either.
            Once your fixed term ends you only need give 21 days notice to vacate.
            So wait till you know what you are doing first.
            Stop focusing on the end of lease date and focus on what you want and where you want to live.

            • OMGJL on 25/04/2024 - 02:59
              +1

              @HeWhoKnows: Thanks for your response. I've sorted things out now.

              In the reference contact field, I wrote "Can be provided on request" and included an alternate phone number of my own.

              With a solid background (double income, no kids from me and my partner) and a decent amount of savings, I was contacted by two agents on the Monday after the inspection.

              One agent didn't care the reference much, the other said that everything else looked good and was ready to proceed pending a good reference. So I provided the reference details and secured the place.

              The new lease begins in mid-May, which aligns well with the end of our current lease at the end of May. Not too much overlap yet still ample time for moving, which works out perfectly.

              I called my current agent, who confirmed they require minimum 14 days' notice if we intend to leave by the end of the contract, or 21 days' notice after the contract ends (rolling lease). I plan to give notice around mid-May to avoid them scheduling inspections while we're still living here.

              • HeWhoKnows on 25/04/2024 - 15:52

                @OMGJL: Inspection times should be arranged with you well in advance so as to minimise any inconvenience to you.

                Contrary to the law, its best to get inspections done early so you dont have people going through the place whilst you have boxes and stuff everywhere and trying to pack.

                • OMGJL on 25/04/2024 - 15:56
                  +1

                  @HeWhoKnows: You do make solid points! Will consider that too for inspection, luckily we don't have that much good to be carried over,so it won't be that bad for us. Appreciated all your input! certainly helped a lot

                  • HeWhoKnows on 26/04/2024 - 11:50
                    +1

                    @OMGJL: I've managed properties and dealt with tenants for over 30 years.

    • CrowReally on 15/04/2024 - 11:21
      +3

      Straight out the gates with a AustriaBargain-tier answer, I see.

      Why the rush, worried jv would get in faster and scoop up all the negs?

      • AustriaBargain on 15/04/2024 - 12:29
        -2

        I must have rented a dozen places in SA and have never sent a "termination notice". I just renew or move out.

        • CrowReally on 15/04/2024 - 12:58

          The silver lining to this this tale is AustriaBargain apparently follows their own (terrible) advice

          Keep at it, check in with us when you reach Find Out

          • AustriaBargain on 15/04/2024 - 13:00
            -3

            @CrowReally: Maybe I'm still on a periodic lease for dozens of places at once and I jus haven't noticed because it's all being charged to a 10 million dollar trust.

      • HeWhoKnows on 21/04/2024 - 23:03
        +1

        Ahh gotta love that reply.
        Spot on!

    • HeWhoKnows on 21/04/2024 - 23:00
      +1

      @ AustriaBargain
      OP made it clear what the requirements of the lease state - as perTenancy laws
      Nobody needs your foolish advice..
      Following your advice Op would lose some or all of thier bond.

      Its what is called a "dumb idea"

      Its no wonder you got neg voted off the page

  • foxmulder on 14/04/2024 - 23:29
    +1

    The one thing I will worry about if I were you is it easy to find a new place to rent? Good luck.

    • OMGJL on 14/04/2024 - 23:32

      I doubt it'll be easy. Went to an inspection in a location kinda far from CBD yesterday, and saw like 40 different group of people went for the inspection.

    • HeWhoKnows on 21/04/2024 - 23:04

      Depends where OP is looking to rent

  • May4th on 14/04/2024 - 23:34
    +3

    agents don't care about you moving out - it's all the same to them tenant or no tenant. the landlord may or may not depending on how easy it is for them to find a new tenant and how good you are as a tenant, and may offer you incentive.

    and yes absolutely give notice in writing and request acknowledgement of same in writing

    • OMGJL on 14/04/2024 - 23:36

      thanks for your advice, although what should I write in the notice?

      I am moving out on an uncertain date?

      • May4th on 14/04/2024 - 23:40
        +2

        you can decline to renew periodic contract and go onto a rolling lease. you are still subject to notice period on vacation and landlord may not agree and may serve you notice to vacate and fine new tenants. that's unfortunately the risk you take when renting.
        the safe thing to do is to find a place before end of lease and request start date a few weeks in advance and then give notice

        • OMGJL on 14/04/2024 - 23:44

          the safe thing to do is to find a place before end of lease and request start date a few weeks in advance and then give notice

          Thanks so much, this is exactly what we trying to do right now. Albeit we are likely needing to start lease around begin of May submitting application right now, that's almost a whole month of paying double rent.

          I do believe we will automatically entering into a rolling lease if we didn't say anything.

  • Muzeeb on 14/04/2024 - 23:35
    +1

    Raving the engine and honk their horn, tyre noise too

    Sounds like a rave party

    • OMGJL on 14/04/2024 - 23:39
      -1

      I observe (at least in where I live) noisy behaviour happens much more often with one certain race(won't say it out as that's kinda racist and name calling). This is also one of the reason I'd like to move to another area, I'd like to live in an area with less amount of resident of this race.

      • afoveht on 14/04/2024 - 23:47

        one certain race(won't say it out as that's kinda racist

        Too late.

        • OMGJL on 15/04/2024 - 00:07
          -1

          lol, at least no name calling :)

  • screensaver on 15/04/2024 - 04:30

    If it becomes a periodic lease with no fixed term then that’s better for you gives you breathing space to look. Find out notice term, then give notice when you have found a new place, gives you 3 weeks to move. For agent write agent supplied upon request

    • OMGJL on 15/04/2024 - 09:15

      There's a email/phone number column to fill for agent reference part, let me see if I can somehow by pass that and do what you said, thanks!

  • pjetson on 15/04/2024 - 08:13
    +2

    what's the Minimum notice period for giving our agent a termination notice

    From what you posted, it seems that your fixed term contract expires at the end of May, and that contract says that you then automatically start a periodic contract. So, if you don't want to go onto a periodic contract, you need to give notice at least 14 days before the end of your fixed term contract. If you wait until the periodic contract starts, you will need to give 21 days notice.

  • 2esc on 15/04/2024 - 08:45
    +1

    You wont find another rental quickly so maybe not give to much info just yet to your landlord.

    • OMGJL on 15/04/2024 - 09:12

      here comes the problem, I won't have a reference from agent then.

  • ozbjunkie on 15/04/2024 - 09:14
    +1

    The main thing you need to worry about is that once you give your reference the the real estate knows you intend to leave they may recommend their client give you a notification to end the lease (90 day notice from landlord to renter)

    You can still give 21 days notice during that 90 day period

    So it would seem the safest thing to do would be to apply for places starting the day of your rolling lease.

    Happy to be corrected

    • OMGJL on 15/04/2024 - 09:17

      I am starting to apply now, the bigger issue is we can't have a agent reference easily if we didn't want agent know we are leaving.

    • jaejae69 on 15/04/2024 - 10:12
      +1

      Actually if you're reasonable confident of securing a new place within 90 days this would be the ideal outcome. Once the owner issues the 90 notice to vacate the tenant can leave at anytime with zero notice. The meaning of the 90 days notice is not "you must leave exactly 3 months later", it's "you must leave at some point within the next 3 months".

  • tsunamisurfer on 15/04/2024 - 18:04

    Q1: If we completely follow the rule, what's the Minimum notice period for giving our agent a termination notice?

    14 days NSW.

    Q2: We are starting to look for new place to rent, for our benefit, when should we start our lease?

    As at May ideally otherwise you may have to break lease early or transition to periodical agreement.

    Q3: In case if we weren't successful in any rent application, I still need a place to live, what should I tell my agent?

    If you have handed in your notice, there is no need to tell the Agent anything. Just vacate the property, you don't belong there anymore.

    Q4: RealEstate.com.au requires an Address Reference by agent on applications, Should I, and when should I give out our agent's contact detail?

    You CHOSE to not tell the Agent and then ask for a reference from them. How do you think they will react?

    • OMGJL on 16/04/2024 - 00:22

      If you have handed in your notice, there is no need to tell the Agent anything. Just vacate the property, you don't belong there anymore.

      Question is, if we do ask for a reference, they would obviously know we are moving out, can I ask for a reference yet not give them a move out notice? like, once I have signed my next contract, then I'll give you that 14 day notice.

      You CHOSE to not tell the Agent and then ask for a reference from them. How do you think they will react?

      I didn't choose to tell them or not tell them, the question is more like "can we still land a rent application without agent reference?" + "if we HAVE to give out agent's contact detail, what do we do next? If we didn't land an application, then we got no where to go"

  • snapper17 on 26/04/2024 - 03:08

    IMO you left this way too late. It will be difficult for you to find a place that accepts 2 cats.
    Have you checked the prices of places you like?
    Have you inspected any yet?
    There is so much competition now for good rentals

    Id suggest looking at some this weekend and see how many people attend.

    I would try to negotiate to go month to month and pay the increased rent in the meantime until you find something.
    Some people with perfect records and employment history still cant find a place.

    Start packing away non essentials and do spring cleaning like washing dirty walls and windows and sills, fans, hard to reach places that gather dust ect..
    repair any damage caused where possible, patch holes, tidy any gardens or balconies ect..

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