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Issues with our Landlord pt III (nearly resolved!)

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HereComesTheSun

544

Posts

EW GURU

Latest post on 07 April 2013 - 10:53

I also wouldn't sign a vacation notice as that's just not the way the process works. He should send you a formal letter by registered mail or notary public requesting you to vacate the premises at the end of your next 12-month contract and stating why he wants you to vacate. You don't need to sign anything with him, but he does need to state to you why he wants it back. The alternative is for him to simply issue you with a non-renewable 12-month contract. It must clearly state 'Non-Renewable' at the top of the first page. I suspect this is what he will opt to do if you insist on him following the correct procedure as outlined above.

1575

Posts

EW EXPERT

Latest post on 07 April 2013 - 10:43

Also, I certainly wouldn't be signing any Vacation Notice, if he wants you out he has to give you 12 months notice to vacate and his reasons for doing so, ie., either to move in himself or to sell the property. You don't have to sign anything and I wouldn't. Yep I agree with this. If you are going to sign a Vacate Notice, you should have the LL state the reason why. Then if he is lying, you can always go the the Rent Committee.

163

Posts

EW NEWBIE

Latest post on 07 April 2013 - 10:12

Also, I certainly wouldn't be signing any Vacation Notice, if he wants you out he has to give you 12 months notice to vacate and his reasons for doing so, ie., either to move in himself or to sell the property. You don't have to sign anything and I wouldn't.

HereComesTheSun

544

Posts

EW GURU

Latest post on 07 April 2013 - 09:39

Thanks girls, that's what I think. We should not have to pay more rent. He has no choice in the matter, even if he wanted to. Just send him a copy of the rental calculator page if he tries to force an increase. The rent committee will back you on this 100% if necessary

spongemonkey980

4329

Posts

EW MASTER

Latest post on 07 April 2013 - 09:36

Think he is too late to change that now? Has to be 90 days notice.....

300

Posts

EW EXPLORER

Latest post on 07 April 2013 - 09:33

Thanks girls, that's what I think. We should not have to pay more rent.

HereComesTheSun

544

Posts

EW GURU

Latest post on 07 April 2013 - 08:37

The rental calculator says the range for a two bed in the Springs is 75,000 to 100,000. You're comfortably within that range so he certainly isn't allowed any increase and I can't see why, under the circumstances, he would give you a discount for 1 cheque. I'd just settle on the same terms again.

1575

Posts

EW EXPERT

Latest post on 07 April 2013 - 08:34

If they are asking you to sign a Vacate Notice, then you know you are going to incurr costs in 12 months for moving. I would think that it would be more than fair for you to not have ANY INCREASE this year against signing the Vacate Notice. JMO <em>edited by derien on 07/04/2013</em>

300

Posts

EW EXPLORER

Latest post on 07 April 2013 - 07:00

OK, first of all, can I say a huge "thank you" to all of you who told me that the Landlord has to give 12 months notice. Just to recap, he gave us 3 months notice to quit (our Contract ends in June). We were all ready to move - in spite of not wanting to - until I asked on here and people said you have to give 12 months notice. I checked with RERA, and it's true! So, we wrote back to the Landlord and his agent telling them this, and the agent admitted they knew about the 12 months ruling, they were just trying it on. So, we are staying for another year. However, our Landlord has insisted that we sign a 12 months in advance Vacation Notice, so we are def moving next year. The thing is, we are renegotiating the rent. This is the current deal on our 2 bed Springs villa: 87k payable in 4 cheques. What would be reasonable, taking into account that we are offering to pay in 1 cheque, and bearing in mind we will have to move in 12 months? I would really appreciate some views. And thanks again for all your help - I am so grateful!!!

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