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Discussion Starter · #1 ·
Hi folks,

My first post here and i've searched for the answers but would feel much better with some more clarification on tenancy contracts 'notice to renew periods':
With a 'standard' blue tenancy contract (non negotiable stamped across it etc), with no addendum or other notes in Observations - Therefore would i be correct to assume this is an 'auto-renewal' contract? (the words 'non-renewable' not stated anywhere at all).

We are almost three months away from expiry of this tenancy and will be going into our 3rd year here (ie second renewal). We are looking to stay here and i'm thinking of just letting the landlord know about 60 before the end, although i think i don't even technically need to do this. He hasn't been in touch regarding any rental changes or formal notice to leave at the expiry - which even then has certain conditions to it from what i can make out.

SO BASICALLY do we just not need to do anything??? :confused2:

All comments welcome and thanks in advance.
 

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You don't have to do anything for renewal, but it is courtesy to let him know.
 

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Discussion Starter · #3 ·
You don't have to do anything for renewal, but it is courtesy to let him know.
Hi, thanks so much for your reply wandabug.

We were planning to let him know about 60 days in advance if we don't here from him. HOWEVER is there definitely no official 'period of notice' due to him that he can contend if he wanted to be awkward....AND what options would he have NOT to renew, including period of notice due to us and increase in rent (as a lot of LLs try this).

Just want to be fully armed with info in case he tries to be difficult (as we had an inkling of this last year!)

Thanks again.
 

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It should be written on your contract . My contract says that if I don't want to renew the contract I have to let the agent/ owner know 2 months before the contract expiry date.
 

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I would give it 90 days as I think this is the RERA standard although it really is the wild west out here with regard to how and which property laws are enforced.
 

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Discussion Starter · #6 ·
Hi thanks. As mentioned there is nothing regarding any form of notice period (for renewal or non-renewal) in the contract, as it's a standard with nothing added. That's exactly why i want to make sure what the DEFUALT is. We actually do want to renew again, we just don't want him trying it on with "you didn't let me by X date..." etc.

I have read in a few posts that tenancies will 'auto-renew' unless 'non-renewable' is explicitly stated, but then i've also read about giving 90 day notice periods to the LL to renew :confused: Even RERA and RC contradict themselves to some extent!

I was beginning to think that the 90 day notice is only for the LL to give the tenant if he wants to increase the rent at renewal...so you can see why we really don't want to remind him 90 days in advance, but just let it pass and let him know around 60 days before expiry that we'll sign again. Like i said, had an inkling last year he was going to try and increase on us this year but also realised that he was very disorganised so may miss the notice periods - yes seriously!:)
 

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Hi thanks. As mentioned there is nothing regarding any form of notice period (for renewal or non-renewal) in the contract, as it's a standard with nothing added. That's exactly why i want to make sure what the DEFUALT is. We actually do want to renew again, we just don't want him trying it on with "you didn't let me by X date..." etc.

I have read in a few posts that tenancies will 'auto-renew' unless 'non-renewable' is explicitly stated, but then i've also read about giving 90 day notice periods to the LL to renew :confused: Even RERA and RC contradict themselves to some extent!

I was beginning to think that the 90 day notice is only for the LL to give the tenant if he wants to increase the rent at renewal...so you can see why we really don't want to remind him 90 days in advance, but just let it pass and let him know around 60 days before expiry that we'll sign again. Like i said, had an inkling last year he was going to try and increase on us this year but also realised that he was very disorganised so may miss the notice periods - yes seriously!:)
I wouldn't risk it to be honest. Just send him a notice to renew.
 

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Discussion Starter · #8 ·
Thanks Bigjimbo. But what is it about 'auto-renewal' then?? Have you come across this - is this not the case normally?

The odd things is that the standard contracts here have no notice periods given at all for anything! We're just trying to use the law to our advantage and not give him 90 days to come up with something if we don't need to!

Yes you're right about the wild west here, i'm sure RERA are not that harsh on tenants though.
 

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As one would expect Bigjimbo is correct, it is ninety days and, despite the fact that nothing is written in the standard blue contract, it is not worth taking the risk. Write to your landlord and inform him that you wish to renew for another year.
 

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Discussion Starter · #11 ·
Thank you everyone for you replies. One of the threads i came across on this forum when i was researching this was:
-my-landlord-seems-have-forgot-my-lease-expired .......sorry can't post the URL due to my low number of posts so far!

Bigjim and wandabug also stated something in the above link here which confirmed my belief that if neither party does anything 90 days before then the contract renews on the same terms...thus not giving the LL a wake up call to the lease expiry and a chance to play silly ******s using the 90 days notice which the LL HAS to give for changes in terms. So this would obviously work to our advantage and we could just let him know nearer the time that we intend to renew on the same basis....I hope that made sense :)

I hope you can see where the confusion arises. As mentioned we have contacted RERA and RC but neither have explained this point very well.....(is there an emoticon for "pulling my hair out"?!?)

What is he possibly able to say if we don't give 90 days just to renew the lease but give, say 60 (in the absence of any notice period in the contract)? Knowing that he's obliged to give US 90 to change terms etc?
 

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Thank you everyone for you replies. One of the threads i came across on this forum when i was researching this was:
-my-landlord-seems-have-forgot-my-lease-expired .......sorry can't post the URL due to my low number of posts so far!

Bigjim and wandabug also stated something in the above link here which confirmed my belief that if neither party does anything 90 days before then the contract renews on the same terms...thus not giving the LL a wake up call to the lease expiry and a chance to play silly ******s using the 90 days notice which the LL HAS to give for changes in terms. So this would obviously work to our advantage and we could just let him know nearer the time that we intend to renew on the same basis....I hope that made sense :)

I hope you can see where the confusion arises. As mentioned we have contacted RERA and RC but neither have explained this point very well.....(is there an emoticon for "pulling my hair out"?!?)

What is he possibly able to say if we don't give 90 days just to renew the lease but give, say 60 (in the absence of any notice period in the contract)? Knowing that he's obliged to give US 90 to change terms etc?

This "if neither party does anything auto renew" policy is meant for when the actual day of renewal comes and goes and either party has done nothing. The danger arises when the landlord (who I don't believe will have forgotten you) gives you a call 2 weeks before it ends and says 25k more or leave. This can happen and good luck trying to get this auto renewal law enforced. By the time you get an appointment with RERA to hear the case you'll be on the street.
 

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Discussion Starter · #13 ·
Thanks for the reply bigjim. I did mention though that he would be told about 60 prior. i also understand that he can't evict you at the end of the contract unless he gives you 12 months notice, not simply because you didn't give him 90 days. AND will only be allowed to increase the rent according to RERA guidelines.

So you don't agree that the 90 day notice is only there if the tenant does not wish to renew (making the return of deposit process easier and notice for the LL to find a new tenant), OR if the LL wants to amend terms (ie make it a one year closed contract or something else) ?

I'm only trying to be thorough and understand this, because if the above assumption is correct the tenant is actually at a disadvantage by giving 90 days notice just to renew, as the LL may change terms and say "well i gave you 90 days notice of the changes" (which otherwise he couldn't say). I hope you see what i mean. And believe me when i say he will likely miss the deadline!

I appreciate your feedback and am definitely not trying to be awkward or cheeky but just interested in taking the best course of action to protect us!
 
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