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Thread: 12 months tenancy agreement

  1. #1
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    Angry 12 months tenancy agreement

    I was not aware that 12 months fixed-term means that I have to stay in the house for 12 months. My only concern when I approached the silly agent that the landlord does not raise the rent price, as we used to have a lot of such of this in the middle east (the landlord may able to raise the rent price with 1 months notice), I explained that I recently arrived the country and do not know much about this.

    While I was watching another house to rent, I asked the new agent about my case and he explained that by law the landlord is not allowed to raise the fee unless 90 days written notice is given.

    I am in the house since April the 16th, it is not convenient specially upon the delivery of my wife.

    I would like to leave for a bigger house? Looking for advice

  2. #2
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    Sad to say research before you signed up would have been very useful but we are all wise with hindsight!

    12 months fixed term is very unusual here, the minimum fixed term you can do is 4 months with most agents adjusting accordingly so that tenancies don't end over Christmas and New Year. In my agency which I have just left, we pretty much only do periodics now with the exception of city apartments and tenants we want to give a trial run for some reason.

    You can speak to your agent and ask that they start marketing your property for let again but you cannot leave until a new tenant is found and you may be asked to pay another letting fee as a sort of compensation.

    For more info on tenancy law in NZ look here:

    http://www.dbh.govt.nz/tenancy-index

  3. #3
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    Thanks for the quick reply.

    I just read in the link that in some cases the tenants or landlords may go Tenancy Tribunal where they can describe the hardship of living in the place where circumstances has been changed.

    I would rather not think about this, I may have a chat with my landlords and check whether they are able to terminate the contract for me. I don't want to wait for a new tenant to take my place.

    Does it often happen that the people go for Tribunal?

  4. #4
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    Unfortunately, you don't get to have it both ways. The only way to guarantee that your rent doesn't get raised in 3 months or 6 months is to sign a longer lease. But if you sign a longer lease, then you are committed for that length of time.

    925dancer's right, next time you sign an agreement -- of any type -- make sure that you clearly understand what its terms mean (get someone who is knowledgeable to go through it with you if necessary).

    Quote Originally Posted by AliIsmailNZ View Post
    I just read in the link that in some cases the tenants or landlords may go Tenancy Tribunal where they can describe the hardship of living in the place where circumstances has been changed.
    You can try, they may consider the pregnancy a mitigating circumstance. Be aware that you will have to pay a fee to use the Tribunal, and that the decision may not go your way. "I didn't understand that 12-month fixed term meant I couldn't terminate my lease until the year was up" won't carry much weight with them, because it's your responsibility to make sure you understand the meaning of any document you sign.



    Last edited by Jolie; 12th September 2009 at 09:12 PM.

  5. #5
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    Really 12 months is unusual? That was nearly all we could find with private landlords. None of the agents would ever call us back when we tried to arrange viewings. I'm sure it is location/time of year dependent in regards to leases. I would have thought you would have signed the 1 year tenancy agreement as well?

    Anyhow, I have seen other tenants do this (last time we were looking for a place), so perhaps you can talk to your landlord and offer to pay relisting and advertising costs on Trademe (that is, find another tenant for your landlord) in exchange for getting out of your lease.

  6. #6
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    In your situation going to tribunal would be a bit pointless I think. It's really not too much of a hardship to have a new born in a smaller property for a few months while you wait out the end of your contract. Application does only cost $20 but you have to be fully prepared and have evidence to prove your case. Saying you just didn't understand and want to move won't cut it I'm afraid.

    Devil's advocate here, you are at fault for not making sure you fully understood a legal document you willingly signed so tough luck really. You need to approach this from a can you please help me out point of view as opposed to a hard done by tenant point of view because the reality is, in the eyes of the law, you are the one at fault, not your landlord. It's not their fault you didn't read the contract and not their fault you have a baby on the way and took a property too small for the new family.

    Look at it from the landlords point of view. You signed a contract, you now want to renege on that contract because it suits you to do so. If the landlord agrees to just let you go they are risking a vacant period with no rent which by rights you are liable for.

    You need to view this from all sides.

  7. #7
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    I would approach your landlord and say you don't want to have to move with a new baby and try to negotiate a mutually convenient time to move out. It is work and expense for them to re let the property so they may be annoyed. But it's also worth staying on the right side of them so you get your bond back quickly.

    A lot of people here seem to move out of properties before the end of an agreement so it can be done but you may have to put up with people viewing the property, or hold an open home yourself.

    When we were moving out of our last property, our agent advertised an open home without even telling us and then didn't even show up to show people round!

  8. #8
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    The agreement has been signed through an agent, the contract is 2 pages only. First page contain my name and a checklist of payments. Second page contains the condition.

    First condition is "the tenancy shall be fixed for 12 months and if the tenant remains in possession with the consent of the landlord, shall continue for an indefinite period until terminated by notice in written given by either party to the other in terms of the Residential Tenancies Act 1986".

    I asked the agent about it at that time, and she explained to me that it is related to my concern that the rental will not be changed.

  9. #9
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    Quote Originally Posted by AliIsmailNZ View Post
    I asked the agent about it at that time, and she explained to me that it is related to my concern that the rental will not be changed.
    That's because they can only change the amount of your rent when the lease comes up for renewal. If you sign a 3-month lease, then they can raise the rent at the end of that 3 months if they wish. As I said previously, you don't get to have it both ways -- a lease you can get out of whenever you wish, AND the landlord unable to raise the rent on you. You have to choose one or the other.

    I have to ask, because I've been trying to come up with other possible interpretations, and I haven't been able to think of any. When you signed the lease, what did you think that "the tenancy shall be fixed for 12 months" meant?




  10. #10
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    Also, once again, you didn't make sure you fully understood the legal document you willingly signed.

    It is a pain in the proverbial but the error is mostly on your part, perhaps they could have explained it better but it is still your responsibility to make sure you understand what it is you're signing.

    Also, rent can be increased in a fixed term tenancy with the appropriate 60 days notice as long as provision has been made in the tenancy agreement for it.

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