[AliIsmailNZ]

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

[925dancer]

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

[AliIsmailNZ]

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?

[Jolie]

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).


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.

[BkyMonster]

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.

[925dancer]

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.

[Kea]

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!

[AliIsmailNZ]

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.

[Jolie]

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?

[925dancer]

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.

[shakyle2906]

HI

Yes, be very careful, this is what happened to us!
We sifned a contract for 6 mths and wanted to leave a month early - it ended up going to Tribunal and we lost ........ cost us a fortune!
We had mixed advice when we rang the Tribunal, our landlords were overseas in Oz and we bought our house.
It wasnt very pleasant going to Tribunal as they lied about a few things too and got away with it!
A lesson learned ...........

Sharon
x

[Caroline and Dave]

We had a tenant here who wanted to let our apartment for 12 months and we refused because we know only too well having let many properties out in the UK that circumstances change. Now this particular person then let it for 6 months and after 3 months he broke his leg and then wanted to move back to his parents and get out of the contract.What we did here through our agent was to readvertise and relet the apartment and we had a new tenant within 2 weeks. The old tenant had to pay for readvertising and the rent until the new tenants moved in. If we had failed to relet then the old tenant would have been liable until the agreement ends.

[KerryS]

I've got out of several rental agreements here - I've found as long as you find another suitable tenant for the property then the agents are usually ok with this. Speak to them and see what compromises they're happy with. Most aren't too awful as they understand that circumstances change.

[AliIsmailNZ]

I will give it a go tomorrow and I will explain to them my current and upcoming situations.

My landlords are not awful at all. They are very kind and supportives, but I don't know when it comes into money wise.




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?



I understood it wrongly that the fees are fixed but not the period.

[Jolie]

I understood it wrongly that the fees are fixed but not the period.

Ah, that would have been worded "the rent shall be fixed for up to 12 months".

"tenancy" is your agreement to rent the place -- not the dollar$ amount of rent.

If the words "up to" (in other words, might be less) aren't in there, then the words "at least" (will NOT be less) are implied.

[catt]

We took a 12 month rental on 1 April 2009 fully meaning to stay in the house for 12 months but as stated circumstances change and we found a house that we wanted to buy after only 5 months..........we gave notice to the agent that we were leaving and they agreed to advertise for new tenants but we would have to pay for the advertising. Moved into our own house 1 August and the rental still hasnt been let but because we were up front with the agents and the owners we were only expected to pay upto the end of September making a 6 months rental term and they have waived the rest. So relieved as we really didnt want to continue to pay rent. It was stated by the agents that it was because we had been up front with them.........i think it is more that they had vetoed some of the prospective tenants that had been shown through the rental during the two months. The owners didnt want children (ie under 3 years old) and the agents had turned 3 lots of prospective viewers away as unsuitable along with one couple who really wanted the house but needed it 15 days before we said we were moving out and the agents didnt bother telling us as we could have made arrangements to store our furniture and move in with my OH's sister for that period. A comedy of errors maybe but it worked and we are rent free and the house is still empty.

[AliIsmailNZ]

I had a talk with my landlords regarding the 12months tenancy agreement, I explained to them that due to the limited space in the unit. We are looking for a bigger house.

They accept to have only a prior notice of 21 days. They even get me some newspaper with letting announcements.

You won't believe how scared I was. I am relaxed now and start to search for bigger house. Thanks for your support.

Lovely, isn't it?

[Jolie]

Kiwis in general are some of the nicest people in the world.

That's one of the reasons I like livin' here.


:)

[cani]

:nice1:clap


Kristina