We are not going to renew our lease this time. Our lease expires on 15th Feb (by my calculations it should be the 14th as it is the second term but I am just arguing over semantics, it doesn't matter because Elders sent us a lease renewal saying it was going to end on 15th Feb, even though the new term started on 15th Feb last year. ;) So we strictly speaking have a year and a day. Not sure that matters to anyone except anyone as pedantic as me. :) ).
Last year Elders gave us over a month's notice of the new rent. They were very organised and sent us a letter at beginning of Jan saying what the new rent would be, from 15 Feb.
Since then - Elders sold part of their rental book and our house was one of them that went over to a new agent. He hasn't been as organised. He hasn't as yet missed any deadlines (eg inspections all been diarised on time) but he has been terrible at following up repairs when people haven't turned up to do them, etc).
So we have heard nothing from him about the lease renewal.
I don't know how much notice he has to give for lease renewal. I suppose I always assume in these things you have to give / receive a month's notice... but that would be today, or tomorrow (really pushing it there). So far nothing and I am assuming the landlord is not renewing.
We had an amazing relationship with Elders, and the landlord is great too. All inspections have been extremely complimentary. Last inspection the agent's behaviour was a bit odd. Still complimentary, told me I had a very "orderly household" and I couldn't have staged a better time for him to come with regard to children all doing schoolwork in different corners of the house, quiet, tidy, etc!!! He did say "you'll have to move to a bigger house. I said we were fine here for a good while yet.
Some major structural repairs I guess were done on the house this year, and I am wondering if the landlord wants to sell.
Question is - we are going somewhere else anyway (DH going to study and we have college accommodation lined up for Feb). We don't want to renew the lease. Looks very suspiciously like for whatever reason the landlord isn't renewing either.
Do we have to give notice that we are moving out at the end of the lease? Or can I just allow the fixed term to expire and in a week or so mention something verbally to the agent about tying up the loose ends, arranging inspection etc. Obviously I don't want to get caught for another month. Equally Icould do without a string of inspections while we are packing up, so the later I mention it, the better from our point of view.
I don't want to be caught holding over on the lease, and have to pay another month's rent. I can't find anything in the lease terms (or anything I have read about the relevant act, short of finding the legislation myself somehow) saying that anyone has to give notice in order to allow a fixed term lease to expire.
Tried to ring OCBA yesterday but couldn't get through. If we give notice, it's got to be tomorrow at the latest by my reckoning, if a month's notice is to expire on the 15th Feb.
IN order for the term to renew we would have to sign something. I just want to know whether I have to officially notify them of the lease coming to an end on 15th, or whether if the default do nothing position is that it would expiry.
I have a legal background but not here and not in residential landlord and tenant. Any advice would be appreciated, thanks.