NSW Is the Month-by-Month Tenancy Agreement Valid?

[camcc]

Hi All,

Our fixed term tenancy agreement ended last August (2016) and we entered into a 'month-by-month' agreement with our landlord. The term of the agreement is: "Month-by-month providing 30 days' notice when ending the tenancy agreement". Only a start date is listed, no end date and I signed only one copy of this agreement dated 08/2016.

My two questions are:

1) Is this a valid agreement? Surely it would have expired after one month? (I haven't signed anything since)

and

2) How much notice do we have to give if we want to move out? Don't the terms above conflict with the terms of the Residential Tenancies Act 2010 which states that in a periodic agreement the Landlord must give 90 days and a Tenant at least 21?

It also says in the Act that additional terms must not conflict with the Residential Tenancies Act.

Here is a PDF link to the agreement

 

[Rod]

1. Yes. It is an ongoing agreement and only 'expires' when one party gives the required notice.

2. 30 days. The NSW law says a tenant must not give less than 21 days and your agreement for 30 days is not in conflict with this requirement. If your agreement said you only had to give 7 days notice then that would be invalid.

 

[camcc]

Thanks Rod.

How much notice does the landlord need to give us: 30 days or 90 days?

 

[Rod]

The agreement on the landlord giving notice cannot be less than 90 days unless you've been there +20years.