LawAdvisor Directory
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Calvin Tay

Lawyer at Sparke Helmore Lawyers

3 years PQE
Melbourne, VIC, AU
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    Calvin Tay agreed with Law Advisor Research Team 's answer on Rent
    about 9 years ago

    Hi there. If once long ago when you moved in you had a lease which has since lapsed, it is likely that you have been renting on what is known as a “periodic tenancy” since then. A periodic tenancyis a lease which lasts for a month (in most cases), and automatically renews when you pay the next months rent. Under the Residential Tenancies Act 1997 (Vic) a periodic tenancywill contain the same terms that the original lease had.

    Even if there was no original lease, there are certain minimum rights you have as a tenant no matter what. These are set out in the Residential Tenancies Act 1997 (Vic) and include such things as:

    a. the right to quiet enjoyment of your property (meaning the land lord can not enter the premises at their will); b. the requirement that the landlord ensure the property is in habitable condition; c. the requirement that landlord not raise rent an unreasonable amount at any given time; d. the requirement that you be given reasonable notice before eviction.

    However, you may not feel satisfied with continuing on a periodic tenancy if you want to have more knowledge of and control of the terms of your tenancy. If this is the case, you should organise with your landlord to sign a new lease agreement, which will set out your rights. If your landlord does not want to grant you a new written lease you can apply to the Victorian Civil and Administrative Tribunal (VCAT) to sort the issue out.