When Lyell Lamborn’s new lease arrived, it came with a $80 weekly increase and a notice to leave the property.
the main points:
- Brisbane Del Pelete man was recovering from leg amputation when he received a notice to leave his West End rental
- The Queensland Property Institute says the move protects landlords from ‘lifetime’ recurring rents.
- Tenants union says new practice is causing undue concern for renters already facing an overwhelming housing market
The notice on Form 12 made it clear that the landlord had the right to terminate her lease in Brisbane when the lease contract expired.
The notice came after Queensland’s top property industry body recommended all agents implement a ‘best practice’ strategy in a bid to protect landlords from ‘lifetime’ tenants who may automatically switch from fixed-term agreements to periodic ones, such as monthly contracts.
Mrs. Lamborne’s rental property is a nearly 100-year-old workers’ cottage in Manly with a long list of notable repairs.
Last year, a friend of Mrs. Lambourne’s fell through the worn-out front staircase of rickety rental.
“I felt that [rent] The increase, which was $80 a week, which is actually a 23 percent increase in my rent, was a huge increase for what I consider a very dilapidated home,” Lamborne said.
She said she had calculated her options in the current market, and felt compelled to agree to the increase and, accordingly, the notice to leave.
“I was told that if I didn’t sign, there would be no negotiation of a rent increase, I would walk out,” Lambourne said.
“In this market, I can’t. I will struggle to find something.
“It leaves you on a knife edge, wondering what you’re going to do every year… it keeps me up at night.”
Laws that will take effect in October will make it difficult for landlords to terminate periodic agreements.
“Will we have a place to go?”
This weekend, Del Billett and Katie Havelberg are packing their West End home for four and a half years.
It is also the first week Mr. Billett has been discharged from hospital in four months, after an accident caused the amputation of his right leg.
While rehabilitating him in the hospital, the couple discovered that their house had been sold, and realized that they would need to find a new home that was easily accessible to the disabled.
When they did, an unusual contract arrived.
“I was going through the lease and getting ready to sign it and at the end there was a notice to leave attached,” Ms Havelberg said.
The couple signed the lease, but the property search had a negative impact.
“It just added to the burden that was already there,” Havelberg said.
“Sleepless nights, days, where you’re constantly worrying, ‘Shall we have a place to go?'” “
The pair are now navigating the move, with Pelete restricted to what he can lift and carry.
Like a guillotine on the heads of tenants
Tenants Queensland chief executive Benny Carr has criticized the industry body over the new practice, which she said is causing undue concern for renters already facing an overwhelming housing market.
“Every tenant in Queensland will live like a guillotine over their heads the entire time they live in their home,” she said.
“And if they are good or lucky at the end of that, they may be offered a new fixed term.
“It is unusual to call it best practice.”
But the Queensland property industry’s top authority has stuck to its recommendations.
Antonia Mercurella, chief executive of the Queensland Property Institute, said the institute was considering sending out the optimal forms before new rental laws take effect in October.
“It does not evict the tenant or threaten the tenant in any way, as Tenants in Queensland suggests,” she said.
“What you do is simply confirm that the fixed-term lease will expire on that date.
“Unfortunately starting October 1 here in Queensland, if you don’t and you miss the crucial notice period, this fixed-term lease will fall behind and become a periodic agreement.
“In fact, it will be a lifetime lease unless they can create one of the limited specific foundations that will become available from October 1st.”
Ms. Mercurella acknowledged that the recommendation came at a difficult time for tenants.
“I agree that the timing of these new laws is very unfortunate, and I would also say that we very reluctantly issued this best practice recommendation because we are fully aware of how tight the rental market is,” she said.