In Victoria, a fixed-term lease expires and the tenant remains in the property with the landlord's consent but no new agreement is signed. What type of tenancy is created?

Q: What is the correct answer to: In Victoria, a fixed-term lease expires and the tenant remains in the property with the landlord's consent but no new agreement is signed. What type of tenancy is created?

The correct answer is Month-to-month periodic tenancy. Under section 24 of the Residential Tenancies Act 1997 (Vic), when a fixed-term tenancy expires and the tenant remains in possession with the landlord's consent, a periodic tenancy is automatically created. The default period is month-to-month unless the original lease specified weekly rent payments. This statutory provision ensures the tenancy continues under the same terms as the expired fixed-term lease, providing legal certainty and protection for both parties while maintaining the landlord-tenant relationship.

Q: What background knowledge is needed for this Property Management question?

Victorian residential tenancy law under the Residential Tenancies Act 1997 governs what happens when fixed-term leases expire. A periodic tenancy is one that continues indefinitely until properly terminated, with rent paid at regular intervals. Holdover situations arise when tenants remain after lease expiry. With landlord consent, the law automatically creates periodic tenancies to maintain legal relationships. Without consent, tenancy at sufferance may result. The periodicity (weekly/monthly) typically follows the original rent payment frequency. This legal framework protects both parties by providing clear ongoing rights and obligations rather than creating uncertain legal situations.

Q: What is a good way to remember the answer to this Property Management question?

Consent + After expiry = Legal Monthly tenancy. When a tenant stays CALM after their lease expires WITH landlord consent, they get a Monthly periodic tenancy. Remember: CALM tenants who stay with permission get Monthly protection, not weekly worry or sufferance stress. When you see holdover tenancy questions, check for landlord consent first. If consent exists, think CALM = Monthly periodic tenancy in Victoria. If no consent mentioned, consider sufferance. If weekly rent was specified originally, then weekly periodic applies.

Q: What exam tip applies to this Property Management question?

Look for two key elements: lease expiry + landlord consent. This combination always creates a periodic tenancy in Victoria. Default is month-to-month unless weekly rent payments were specified in the original lease agreement.

Q: How does this Property Management concept apply in Australian real estate practice?

Sarah's 12-month lease expires on June 30th, but she hasn't found new accommodation. Her property manager agrees she can stay while searching for a new place. Sarah continues paying monthly rent, which the landlord accepts. By operation of law, Sarah now has a month-to-month periodic tenancy with the same terms as her original lease. The property manager must follow proper notice procedures for any future termination and cannot treat Sarah as a trespasser, ensuring her continued legal protection under Victorian tenancy laws.

Question

Property ManagementLease AgreementsVICMEDIUM

In Victoria, a fixed-term lease expires and the tenant remains in the property with the landlord's consent but no new agreement is signed. What type of tenancy is created?

Answer Options

A

Month-to-month periodic tenancy

B

Week-to-week periodic tenancy

C

Holdover tenancy with same fixed term

D

Tenancy at sufferance with no legal protection