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VIC Notice to Vacate - Follow Fixed Term or Periodic Term Rules?

Discussion in 'Property Law Forum' started by Rosebud, 2 December 2015.

  1. Rosebud

    Rosebud Member

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    Hi,
    Would love some help on this matter, please? (=

    We have recently been sent a 90 day Notice to vacate letter. Registered post on the 24th Nov and received on the 30th as we live in the rural area. Termination date is on the 25th Feb (so correct 94 days given) Our 12-month lease expired on the 28th of Nov. Reason- "section 261 (1) and (3)(a) We have a fixed term tenancy agreement of 6 months or more which ends on the termination date"

    So my questions are....

    The reason given doesn't seem to make senses as the fixed term ended on the 28th Nov. If no reason is given, then it should be a 120-day notice. If we choose to leave early would it be 14 or 28 days notice? Do we now follow fixed term or periodic rules?

    We probably are not going to dispute this, but the 14 versus 28 days notice makes a big difference to us. We are very stretched in cash and having to pay rent on two properties would be very hard, this would be less likely with 14 days notice. There is also some urgency as I'm due on the 11th of Dec to have a baby so would prefer to move now.

    We are pretty sad that our landlord has issued this, completely out of the blue. Have found out from him that it is because his Trust weren't happy with the presentation on the property, and he heard we were considering moving out, he wants long-term tenant's before he heads overseas. He had not brought up any issues with us or offered another lease, just straight out the notice.

    We actually had decided we were going to stay put and would have been happy to do more work on the properties presentation. Now knowing that the Trust family members are "watching" us, we feel very uncomfortable staying on. I'm also concerned that this notice could affect our ability to get a future rental.


    Thanks for any help
     
  2. Sophea

    Sophea Well-Known Member

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    I would say periodic rules apply since its effectively at the end of your lease.
     

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