Lease or Rental agreement

Hootanany · 27-06-2011 6:33pm #1

Had a very bad experience of giving a lease to a tenant. Cost me a lot of money to get rid of him, So the question is should i give a lease to the next tenant or a rolling rental agreement, say 6 months and keep renewing it.

Many thanks in advance.

not even wrong · 27-06-2011 6:55pm

A "rolling rental agreement" that lasts for six months and can be renewed is a lease. If the idea is to bypass tenancy law by calling your lease a "rental agreement" you should have a read of this first.

In the end, you're wasting your time -- a bad tenant will be a bad tenant regardless of how many leases, licenses or contracts you have them sign. Put your effort into checking references instead.

Hootanany · 27-06-2011 7:19pm

not even wrong wrote: »

A "rolling rental agreement" that lasts for six months and can be renewed is a lease. If the idea is to bypass tenancy law by calling your lease a "rental agreement" you should have a read of this first.

In the end, you're wasting your time -- a bad tenant will be a bad tenant regardless of how many leases, licenses or contracts you have them sign. Put your effort into checking references instead.

Sorry i meant to say it a Commercial premises .

Hootanany · 28-06-2011 3:05pm

bump

littlemac1980 · 28-06-2011 4:43pm

Business tenancies are obviously treated differently, and whereas with a residential tenancy, AFAIK, the tenant may not waive their statutory entitlements, an independently advised tenant under a commercial lease may.

robertbarry · 28-06-2011 4:48pm

either way keep it as a business deal. ie they are not your friends and you are better keeping the tenants at arms length.

Hootanany · 28-06-2011 4:51pm

littlemac1980 wrote: »

Business tenancies are obviously treated differently, and whereas with a residential tenancy, AFAIK, the tenant may not waive their statutory entitlements, an independently advised tenant under a commercial lease may.

So is that a Yes or No and again thanks for the responce.

littlemac1980 · 28-06-2011 5:14pm

Well, at the risk of sounding cheeky, you can of course give them such a lease, but it won't solve your problem.

Giving someone a rolling 6 month lease, will not prevent them from acquiring statutory rights once the requisite period of occupation under the particular legislation has been met. The only way to ensure that wouldn't happen is to acquire the appropriate waiver from them. Unfortunately they will require a solicitor to advise them in that regard, and consequently it would be advisable if you too had a solicitor deal with the matter for you, so as you are at no disadvantage.

Therefore I would suggest the answer to your question, as phrased, is 'No'.

Hootanany · 28-06-2011 6:06pm

littlemac1980 wrote: »

Well, at the risk of sounding cheeky, you can of course give them such a lease, but it won't solve your problem.

Giving someone a rolling 6 month lease, will not prevent them from acquiring statutory rights once the requisite period of occupation under the particular legislation has been met. The only way to ensure that wouldn't happen is to acquire the appropriate waiver from them. Unfortunately they will require a solicitor to advise them in that regard, and consequently it would be advisable if you too had a solicitor deal with the matter for you, so as you are at no disadvantage.

Therefore I would suggest the answer to your question, as phrased, is 'No'.

Thanks

I will use a solicitor it just i want to be able to get them out quick if they mess me around, Not like the big legal route i had do last time.

Lease or Rental agreement

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