Big Redd Posted February 16, 2016 Share Posted February 16, 2016 Hi, I am very new to this but i'm seeking advise regards breaking the lease on my tenancy agreement from what I've read so far you guys seem to have the knowledge and experience. We came to Darwin back in September 2015, we are struggling to support ourselves financially so have decided to return to the UK. Our lease ends the beginning of November 2016, I've read of the agreement its got a long list of penalties! Are there any ways around these? What have others done? Can we still be chased for these once we have gone? Thanks in advance! Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted February 16, 2016 Share Posted February 16, 2016 Hi @Big Redd You can apply for a termination based on hardship have a look at consumer affairs http://www.consumeraffairs.nt.gov.au/ForConsumers/ResidentialTenencies/Documents/breaking_tenancy_lease_early_factsheet.pdf What I would suggest is contact the agent explain your circumstances, give them a date you will be leaving and explain you have been in touch with consumer affairs and they say you have grounds to end under the hardship provision. Then apply to NCAT. Alternatively, if you aren't ever coming back to Australia you could walk away, or you could try and find another tenant. Personally I would be going for the hardship route. Link to comment Share on other sites More sharing options...
dmjg Posted February 16, 2016 Share Posted February 16, 2016 I think you would be liable for readvertisement costs as well as the actual rent until a new tenant is found, or november, whichever comes sooner. If you have the proof, id go the hardship route too, but id talk to the landlord first before going to NCAT, i would think an owner would be happier to see you go without fuss rather than it costing them through legal costs, so they can get on and get a new tenant in. Or you can hand the keys in at the end of the paid up month and walk onto a plane the next day. Youd lose your bond though. And probably get your name on some lists which could cause issues if you ever came back. Link to comment Share on other sites More sharing options...
Big Redd Posted February 16, 2016 Author Share Posted February 16, 2016 Thanks for your responses! I think we will have to just tighten our seat belts again and ride it out until November! Thanks again though Link to comment Share on other sites More sharing options...
xxlornaxx Posted February 16, 2016 Share Posted February 16, 2016 I have done this twice..both times I found tenants to take over the lease on gumtree n got my bond back n no fees...or u could pay ad fees to real estate to find ppl to take over lease...you will need to pay rent till new ppl move in...or you could walk away n possibly be blacklsted from future rentals if u dnt try to pay off cost of breaking lease Link to comment Share on other sites More sharing options...
AJ Posted February 16, 2016 Share Posted February 16, 2016 I have done this twice..both times I found tenants to take over the lease on gumtree n got my bond back n no fees...or u could pay ad fees to real estate to find ppl to take over lease...you will need to pay rent till new ppl move in...or you could walk away n possibly be blacklsted from future rentals if u dnt try to pay off cost of breaking lease Might not be so easy though in Darwin! Link to comment Share on other sites More sharing options...
Big Redd Posted February 16, 2016 Author Share Posted February 16, 2016 Might not be so easy though in Darwin! Your right there AJ, loads of empty properties here! Better choices at cheaper rent too at the minute :0/ Link to comment Share on other sites More sharing options...
northshorepom Posted February 16, 2016 Share Posted February 16, 2016 I don't know how it goes in NT. In NSW it's a requirement of tenancy law that there is a fixed break lease fee in the agreement so if you walk away, that's what you're liable for. It's enough to cover the landlord's losses whilst they find someone else, but ensures they are motivated to find someone else In some other states I believe you can be liable for all rental costs if they don't find someone else, which seems iniquitous to me. Gives them no incentive to find anyone else. This may be how it is in NT If you've decided to move back I wouldn't hang about just for the sake of a one-sided tenancy agreement. I'd be making up my own mind as to how fair the tenancy agreement was, and if I thought it wasn't fair and I had no great intention of going back to NT I'd just walk away and let the landlord suck it up. Landlords get a pretty easy time of it here with some very generous tax breaks and tenants doing a bunk is a risk they should allow for once in a while. Obviously you'll be blacklisted but if you're not coming back, so what? I'm not advocating ripping the landlord off unfairly - I'd always be man enough to pay a break lease fee, I wouldn't just stop paying rent and I certainly wouldn't damage anything out of spite. It's just the one-sided contracts where you have to cover the whole remaining lease period if they don't find someone that I'd have no compunction about leaving Link to comment Share on other sites More sharing options...
newjez Posted February 16, 2016 Share Posted February 16, 2016 Thanks for your responses! I think we will have to just tighten our seat belts again and ride it out until November! Thanks again though Sort of depends whether you are in dire straits, or just a bit short. You must have just renewed. Could you have not negotiated a reduction? Still might be able to if you can prove your rent is unreasonable. Link to comment Share on other sites More sharing options...
Big Redd Posted February 16, 2016 Author Share Posted February 16, 2016 I've read the lease agreement again, we have to pay the rent till someone else takes over and advertising fees. No one will take over there's an easy four empty houses in just my street and if I have to pay I'll stay. We are short on food money but we are taking this from savings, sparingly! We've lived on the bread line before (about 20years ago) so I'm sure we will manage again and it's not forever! Thankfully! Link to comment Share on other sites More sharing options...
northshorepom Posted February 16, 2016 Share Posted February 16, 2016 Honestly, running down your savings just to fufill a one-sided contract with a landlord who, if he makes a loss, can write it off against tax anyway? The only real loser in that equation is you Maybe try the hardship thing first, if that doesn't work out decide whether you are going back in order to return, or going back for good. If the latter, cut and run Link to comment Share on other sites More sharing options...
Big Redd Posted February 16, 2016 Author Share Posted February 16, 2016 I'm already the biggest loser in this for believing the hype! Unfortunately I'm also not the kind of person that gets away with stuff! Ha I'm the one the judge decides to make an example of! Link to comment Share on other sites More sharing options...
MelanieJS Posted February 17, 2016 Share Posted February 17, 2016 I am just going through this process. I moved into our rental on the north side of Brisbane but I have to go back to the UK as my mother is really ill. I've given the Agents approximately 6-7 weeks notice. I've already had to pay $750 (week's rent) and $100 advertising fee plus if they don't find anyone to move in when we leave on 14th March, we are liable for all rent until they do find anyone. When I moved into the property (two days later than planned), it was filthy, the floors were dirty, there were alive/dead insects all over the floor. Where works had been done in the bathroom, the works had left dirty floors and put some of their waste down the toilet which won't flush etc., the carpets hadn't been cleaned). When I complained and said I wanted it professionally cleaned, the Agents said the owner doesn't think it is in such a state to have professionally cleaned and basically get on with it. Took me a whole day to clean the property. On leaving this property, they want me to have the carpets cleaned, I'm arguing this as they weren't cleaned before I arrived and the Agreement says they should have been cleaned on arrival. I am in two minds whether to just get on the plane and leave it all. I want our bond back though. I'm just hoping they find a new tenant. Fingers crossed. I didn't realise I could advertise the property myself though so will do that today. Link to comment Share on other sites More sharing options...
newjez Posted February 17, 2016 Share Posted February 17, 2016 I am just going through this process. I moved into our rental on the north side of Brisbane but I have to go back to the UK as my mother is really ill. I've given the Agents approximately 6-7 weeks notice. I've already had to pay $750 (week's rent) and $100 advertising fee plus if they don't find anyone to move in when we leave on 14th March, we are liable for all rent until they do find anyone. When I moved into the property (two days later than planned), it was filthy, the floors were dirty, there were alive/dead insects all over the floor. Where works had been done in the bathroom, the works had left dirty floors and put some of their waste down the toilet which won't flush etc., the carpets hadn't been cleaned). When I complained and said I wanted it professionally cleaned, the Agents said the owner doesn't think it is in such a state to have professionally cleaned and basically get on with it. Took me a whole day to clean the property. On leaving this property, they want me to have the carpets cleaned, I'm arguing this as they weren't cleaned before I arrived and the Agreement says they should have been cleaned on arrival. I am in two minds whether to just get on the plane and leave it all. I want our bond back though. I'm just hoping they find a new tenant. Fingers crossed. I didn't realise I could advertise the property myself though so will do that today. We knew our landlord was a hard nosed bitch, so we just left without paying the last months rent, let them keep the bond, and sorted it out by email. Link to comment Share on other sites More sharing options...
Keith and Linda Posted February 17, 2016 Share Posted February 17, 2016 Can'r say I agree with newjez as technically the bond cannot be used as payment of lost rent, but If I was leaving the country I would be sorely tempted. The agents do not help as they in general treat every tenant as though they are a bad tenant, so really they should expect to be treated the same. However lessons learned I believe and I wish you well and safe journey's Link to comment Share on other sites More sharing options...
Chortlepuss Posted February 17, 2016 Share Posted February 17, 2016 We knew our landlord was a hard nosed bitch, so we just left without paying the last months rent, let them keep the bond, and sorted it out by email. I wish I was brave enough to do this. We have cleared and maintained a complete dump - and move out Friday. Suspect they'll try and finger me for some of the bond.... tempted to lodge the bond return when we move out and let them claim against it, but part of me is just hoping they'll be reasonable, given the way we've improved the property Link to comment Share on other sites More sharing options...
Big Redd Posted March 13, 2016 Author Share Posted March 13, 2016 Hi again! So we have took the bull by the horns and booked flights back, but four months before lease ends! My question is, do we tell the agent now and give them three and a half months notice or wait? Unsure what to do! :0/ Link to comment Share on other sites More sharing options...
Eera Posted March 14, 2016 Share Posted March 14, 2016 A lease is a legally binding contract, if a tenant signs it they agree to the terms of it, what's one sided about that? The NT Residential Tenancies Act states that that landlord must take immediate steps to find a new tenant; we are simply not allowed under law to let a place sit vacant and do nothing while expecting the old tenant to pay for it. How it works (at least with my agent) is that they advertise for a few weeks, and if there's no interest advise me to drop the rent to the market rate (the thinking is that if no-one is taking it up under the current rent then it is outside current conditions), and the tenant makes up the difference - when I've had to do this it can be as little as 10-20 bucks per week. Personally I'd talk to the agent / landlord as soon as possible, give them plenty of notice and be pro-active about finding someone new yourself. NT seems to have an additional provision that I've certainly never seen in QLD - both the tenant and the landlord can apply to NTCAT, the tenant for a release from the lease though financial hardship and the landlord for compensation. If you make arrangements you are allowing him/her time to arrange to do this. Link to comment Share on other sites More sharing options...
northshorepom Posted March 14, 2016 Share Posted March 14, 2016 A lease is a legally binding contract, if a tenant signs it they agree to the terms of it, what's one sided about that?. It's one sided IMO in respect of termination rights and responsibilities, not intrinsically in the contract conditions but because of the different situation of the landlord and tenant For the tenant, it is (generally) their home and they get stuck between the rock of being able to be notified to quit within 4 weeks and the hard place of being constrained to the end of the lease (which could be 12 months) if they get relocated by their employer or want to buy a house. The landlord is in a different situation as it is a much less emotive business transaction, and because tax laws effectively underwrite their losses or risk in any case, a luxury not afforded to tenants I am not arguing tenants should just be able to cut and run with no notice, but I don't think they should be held for months to a lease if circumstances require them to terminate it. I think the NSW law is a good balance - break fees are written into the contract so the tenant can terminate for a known cost (6 weeks rent basically), which gives the landlord time to find someone else and compensation for the hassle of re-letting without holding the tenant to what are effectively costs at large I would be more inclined to be more generous towards landlords if they weren't treated so generously by Australia's tax code Link to comment Share on other sites More sharing options...
Keith and Linda Posted March 14, 2016 Share Posted March 14, 2016 It's one sided IMO in respect of termination rights and responsibilities, not intrinsically in the contract conditions but because of the different situation of the landlord and tenant For the tenant, it is (generally) their home and they get stuck between the rock of being able to be notified to quit within 4 weeks and the hard place of being constrained to the end of the lease (which could be 12 months) if they get relocated by their employer or want to buy a house. The landlord is in a different situation as it is a much less emotive business transaction, and because tax laws effectively underwrite their losses or risk in any case, a luxury not afforded to tenants I am not arguing tenants should just be able to cut and run with no notice, but I don't think they should be held for months to a lease if circumstances require them to terminate it. I think the NSW law is a good balance - break fees are written into the contract so the tenant can terminate for a known cost (6 weeks rent basically), which gives the landlord time to find someone else and compensation for the hassle of re-letting without holding the tenant to what are effectively costs at large I would be more inclined to be more generous towards landlords if they weren't treated so generously by Australia's tax code Please could you let me know about this as both my accountant and I missed it. I had $11,000 damage and non payment of rent, insurance covered just over $3,000, bond another grand, so I had to find the remainder $7000, OK offset against some tax breaks I am still looking at a few grand out of my pocket, and before you say it then NO! NG did not cover it either. Link to comment Share on other sites More sharing options...
northshorepom Posted March 14, 2016 Share Posted March 14, 2016 Why not? Surely it's just a loss on the business that you can offset Link to comment Share on other sites More sharing options...
Keith and Linda Posted March 14, 2016 Share Posted March 14, 2016 It's one sided IMO in respect of termination rights and responsibilities, not intrinsically in the contract conditions but because of the different situation of the landlord and tenant For the tenant, it is (generally) their home and they get stuck between the rock of being able to be notified to quit within 4 weeks and the hard place of being constrained to the end of the lease (which could be 12 months) if they get relocated by their employer or want to buy a house. The landlord is in a different situation as it is a much less emotive business transaction, and because tax laws effectively underwrite their losses or risk in any case, a luxury not afforded to tenants I am not arguing tenants should just be able to cut and run with no notice, but I don't think they should be held for months to a lease if circumstances require them to terminate it. I think the NSW law is a good balance - break fees are written into the contract so the tenant can terminate for a known cost (6 weeks rent basically), which gives the landlord time to find someone else and compensation for the hassle of re-letting without holding the tenant to what are effectively costs at large I would be more inclined to be more generous towards landlords if they weren't treated so generously by Australia's tax code They pay tax on any profit made! there is a massive assumption that all landlords do not pay any tax because of negative gearing, this assumption is so wrong. Lets take for example a retired person, they have say 4 un-mortgaged properties their income from these means that they do not qualify for government pension, it also makes them liable to income tax their only tax off sets are normal business running costs and personal allowances. In effect the Government is getting back (if any paid in the first place) any earlier NG benefits by not having to pay a pension and still receiving tax well after retirement. Link to comment Share on other sites More sharing options...
Guest241083 Posted March 14, 2016 Share Posted March 14, 2016 Please could you let me know about this as both my accountant and I missed it. I had $11,000 damage and non payment of rent, insurance covered just over $3,000, bond another grand, so I had to find the remainder $7000, OK offset against some tax breaks I am still looking at a few grand out of my pocket, and before you say it then NO! NG did not cover it either. .............landlords insurance.... .............though there is often a set limit for rent loss.... .............and shop around as can be pricey.... ............most landlords would rather have notice than just the tenant leave... .............good luck OP.... Link to comment Share on other sites More sharing options...
Lambethlad Posted March 14, 2016 Share Posted March 14, 2016 Just do a runner. They won't waste their time chasing you. Link to comment Share on other sites More sharing options...
Keith and Linda Posted March 14, 2016 Share Posted March 14, 2016 .............landlords insurance.................though there is often a set limit for rent loss.... .............and shop around as can be pricey.... ............most landlords would rather have notice than just the tenant leave... .............good luck OP.... Please explain tink as I have landlords insurance! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.