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Hi, Can I ask a legal question for free or do I have to pay to get the answer? :) I have used Just answer in the past it was the best but I had a bigger budget then

Lawyer's Assistant: You end up paying for the answer if you are satisfied with it. What state/territory are you in? It matters because laws vary by location.

NSW

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This is the first. I was unable to confirm the answer on my ownIve searched already forrelavent laws butit sa complicated area for me

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Customer: I GUESS I WILL JUST ASK MY QUESTION, WHICH IS ABOUT RUNNING A BUSINESS FROM HOME.

IF I AM OPERATING A BUSINESS FROM HOME (WHICH I AM), I AM ACTUALLY RUNNING TWO BUSINESS FROM HOME AT MY HOME OFFICE AND I ALSO HAVE A THERAPY CLINIC.
MY QUESTION IS THIS.
CAN MY LANDLORD PUT MY RENT UP SIMPLY BECAUSE I AM OPERATING A BUSINESS FROM OUT OF HOME.
NOTE, MY ADDRESS IS VERY CLOSE TO THE MAIN STREET OF A SMALL TOWN.

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
5/27/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,529
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

please tell me more about your question ?

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Solicitor: Josie-Mod,
 replied 2 months ago
Josie-Mod
Category: Australia Law
Satisfied Customers: 12
Verified
From Customer (posted by moderator):
"If I am operating a business from home (which I am), I am actually running two businesses from home at my home office and I also have a therapy clinic.
My question is this.
Can my landlord put my rent up simply because I am operating a business from out of my home.
Note, my address is very close to the main street of a small town."
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Solicitor: John Melis, Lawyer replied 2 months ago

Do you have a written lease ?

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Solicitor: John Melis, Lawyer replied 2 months ago

The landlord or the landlord's agent must follow the following procedure to increase the rent payable under an RTA: give a tenant written notice specifying the increased rent and the day from which it is payable; and give the notice at least 60 days before the increased rent is payable. Section 41 of the Act is proscriptive in its requirement for valid rent increases. There is no room for discretion. The landlord can cancel or vary a notice of rent increase by issuing a subsequent notice. The landlord may not increase the rent payable under a fixed term agreement of not more than 2 years unless the RTA sets out the amount or method of calculating the rent increase.

When a rented premises is leased, as a residential property, and you are operating a business from that premises, there is a duty of disclosure to inform the landlord of the business, if this has not occurred there is arguable a breach of the lease. But if the landlord was made aware that a business was running in the premises, whether directly or through the agent, then no claim of breach can apply under the lease.

The tenant may seek an order from the Tribunal that either: the rent increase is excessive and that from a specified day the rent must not exceed a specified amount; or that the rent payable under a RTA is excessive as a result of the reduction or withdrawal by the landlord of any goods, services or facilities and that from a specified day, the rent must not exceed a specified amount. The tenant must make any application to the Tribunal for an order that a rent increase is excessive within the time period specified by the regulations (currently within 30 days after notice of the increase is given). A tenant may only make an application to the Tribunal for an order that the rent is excessive as a result of the withdrawal of any goods, services or facilities before the end of the tenancy. The Tribunal may have regard to the items listed in s 44(5) of the Residential Tenancies Act when determining whether a rent increase or rent is excessive.

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

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Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

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Solicitor: John Melis, Lawyer replied 7 days ago

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