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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42667
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We are staying in a serviced apartment (the only 3 bedroom

Customer Question

Hello - we are staying in a serviced apartment (the only 3 bedroom in the building) on a day rate, however we pay monthly. We have no contract but when we moved in we told the manager of the building that we would be staying a minimum of 6 months but that it could be longer as we are doing a renovation - although we have a fixed end date for our reno, we explained that might change and we would do our best to keep them informed. They said they had no problem with that and we could continue to stay on a week to week basis if we found we needed to extend beyond our anticipated end date.
We are now being told that because they can get another long term client into the 3 bedroom apartment, they would like to move us to either a different building in a different suburb(!) or to a smaller 2 bedroom which would inconvenience us immensely (I also work from the apartment). It would be around the time we are finishing our reno, but might still have around 2-4 weeks remaining) and would most likely result in a packing/moving/unpacking/packing/moving/unpacking nightmare. It would also disrupt our family and business commitments.
Is there anything we can do about this? Are we within our rights to say we had a verbal agreements that we would be allowed to continue renting the apartment for as long as we needs and they should stick to that agreement?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

There has to be some sort of paperwork from when you moved in.

How long was the period and what do you have to confirm this.

I assume it is a tenancy you have entered into?

Customer: replied 1 year ago.
I don't have any paperwork - I think we signed something to allow them to take payment (via card) and the rules of the building. I have a text message to the manager saying we would need to stay 6+ months. We began in the middle of June of this year.
Customer: replied 1 year ago.
The apartment are short/long term stay serviced apartments, nightly rates, but they negotiate if you stay longer
Expert:  Leon replied 1 year ago.

Good Morning

How did you book it? was it over the internet?

There has to be something that says how long you will be there for.

You should ask them for a copy of the paperwork that you signed when you moved in.

Customer: replied 1 year ago.
I'm just going downstairs now to see what they have on file
Customer: replied 1 year ago.
Ok - I have a copy of the "standard reservation covering sheet" - he has entered a departure date of 24/12/2015 . It does not have my signature - just simply my credit card details.As I have said, we also had a verbal understanding that we would be able to go week to week if needed
Customer: replied 1 year ago.
the departure date was entered by them at a later point, not when we filled out the form
Expert:  Leon replied 1 year ago.

Are you sure that you signed something?

Customer: replied 1 year ago.
No, I just looked through the whole file - I haven't signed any of the paperwork, neither the Reservation Covering Sheet or the Guest Occupancy Agreement. They also entered my email address incorrectly into their system which means I haven't been receiving any of the invoices or payment confirmations
Expert:  Leon replied 1 year ago.

Good Morning,

If you are a tenant then you have no lease that is fixed term they have to give you more notice.

I am concerned about what you have entered with them.

Customer: replied 1 year ago.
what notice would they have to give us - the fact they are asking us to agree to move to smaller premises indicates they need us to agree?
Expert:  Leon replied 1 year ago.

Good Afternoon

If there is no fixed term in place that you have signed and it is a tenancy it is usually 60 days .

Here is some information from the Department of Fair Trading

https://www.consumer.vic.gov.au/housing-and-accommodation/renting/ending-a-lease-or-residency/if-the-landlord-or-owner-wants-the-tenant-to-leave/landlord-giving-notice-to-vacate

This is all if it is a tenancy. If not then they have to take you to court and get an eviction order.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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