Tenants Guide: All the Tricky Questions Answered

Some FAQ

How much notice do I have to give;

  • Fixed Term
    14 days notice is required in writing. Verbal notice is not acceptable. Notice takes effect from the day it is received, not the date you mail it. Fax and E-mail notices are the best for us.
  • Continuing Agreement
    21 days notice is required same applies as above.

I thought I was two weeks in advance with my rent
Most tenants are under the misconception that they paid an ‘advance rent’ of two weeks. The case usually is that they paid the first two week rent when first moving in, but then did not start payment rent for 1-2 weeks rent after moving in, so in fact absorbing the advance rent at this time. The only way to be 2 weeks rent in advance at all time is to pay rent on the day you sign you lease and continue to do so every week.

Breaking lease information – Early Termination
You are required to notify us in writing of your intention to vacate early. We will advertise the property once your notice is received.

Please refer to the Residential Tenancy Regulations 2010. Arnold Property uses the Additional Term “break fee” for all our lease breaks. Please see the clause below.

Additional term—break fee
42. The tenant agrees that, if the tenant ends the residential tenancy agreement before the end of the fixed term of the agreement, the tenant must pay a break fee of the following amount:
42.1 if the fixed term is for 3 years or less, 6 weeks rent if less than half of the term has expired or 4 weeks rent in any other case.

The 4/6 weeks rent is payable as of your vacating date. This fee also covers all the Landlords re-letting expenses incurred due to your early vacation.
My roommate wants to vacate what are my rights / steps on
approval for a new occupant
If one of the tenants move out and you replace them without notifying the agent you are what is called ‘subletting’. You must let your agent know when you are intending on moving out. You also need to let your co-tenant know in writing about your intensions. In most cases 2 weeks notice is to be given in writing to your tenant (and agent). Once vacated you must return your keys to the office & sign a form which is known as a ‘Change of Tenancy form’ which removes your name from the bond. We do not recommend this is signed until the co-tenant pays you back your bond that you originally paid at the start of the lease. We do not hold bond in the office this is held at the Rental bond board. Once you find a suitable occupant they must apply via our application and be approved prior to moving in. they will be known as an ‘occupant’ until such time as they sign a lease. If they pay you a bond we ask that they too sign the ‘change of shared tenancy’ form to add their name onto the bond held.

Why do I have to put maintenance in writing?
We require a paper trail of all maintenance issues. This is a special condition of your lease agreement. We also use your words to advise the owner of the maintenance issue as its best to come from the person who has sighted the maintenance issue as it then is easier to explain to our tradesman as well.

Can I reschedule my routine inspection?
No, in most cases the Agent will be undertaking inspections on all properties under our management in your area on that day. It is uneconomical for the Agent to do single inspections. If you would wish to be there or have a certain time you can contact our office to schedule a specialized appointment but the agent reserves the right to decline this.
What do I do in case of emergency repair?

Emergencies are listing under clause 19 of your lease agreement. Please ensure it is an emergency before contacting the emergency phone (0425346759) – you will still be required to also email the office of this issue.

Please be detailed in your description of the issue. If the agent does not answer the phone please leave a detailed message or send through a text message (remembering to leave your name and the property address) the agent will then contact your owner & in turn a trade’s person to rectify the problem. If it is not seen as ‘urgent’ it will be scheduled for the next avail working day.