MelanieJS Posted March 6, 2016 Share Posted March 6, 2016 I'm moving back to UK Monday week and the estate agents haven't found anyone to take over our lease - we gave them 6 weeks notice of our intention to leave. We've had loads of viewings but no takings. We know we are meant to continue to pay the rent until they find someone but we can't really afford, plus we have to close our bank accounts in person so has to be done before we go. We are thinking of just going and letting them have the $3000 bond. I know it isn't very moral but on the flip side, they aren't very good at agents anyway. We've had loads of problems with the rental - we have a problem with the front door - my partner can't even open it. The agents can't open it either. I'm the only one who can so they think that is okay to leave it and said it is just stiff. I think it is a health & safety issue. If we were to just leave without continuing to pay the rent, what are the realistic implications? We will return to Australia for holidays only as my partner is Australian. Would this be an issue? Please advise.......(HELP!) Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted March 6, 2016 Share Posted March 6, 2016 There are many people who have done what you are considering, the only issue would be if you came back and wanted to rent again. If they have had 6 weeks notice and not found anyone in this time I would be looking at consumer affairs and maybe apply for hardship Link to comment Share on other sites More sharing options...
MelanieJS Posted March 6, 2016 Author Share Posted March 6, 2016 There are many people who have done what you are considering, the only issue would be if you came back and wanted to rent again.If they have had 6 weeks notice and not found anyone in this time I would be looking at consumer affairs and maybe apply for hardship Thanks for your reply Pom Queen. We wouldn't come back and rent again anyway so that is no issue. I just don't want it to stop us from being able to come back for a holiday here. Would consumer affairs be due to the issues with the rental property and the hardship way due to not being able to afford $3000 per month? Link to comment Share on other sites More sharing options...
flag of convenience Posted March 7, 2016 Share Posted March 7, 2016 It won't hinder a return to holiday. Not sure about what consumer affairs would be able to do in your case. You have a signed rental agreement after all. It may well have been better to seek out own replacement tenants, as nothing to suggest that estate agents have your interests in mind at all. Otherwise just wave goodbye to deposit. Link to comment Share on other sites More sharing options...
Parley Posted March 7, 2016 Share Posted March 7, 2016 It seems odd that they can't find anyone to rent. This probably indicates the rent you are paying is too high and others won't pay that much. Link to comment Share on other sites More sharing options...
Keith and Linda Posted March 7, 2016 Share Posted March 7, 2016 The bond is not there to cover non-payment of rent and cannot be claimed back by the owner/agent for that reason, however they can I suppose (and no doubt often do) make up some other damage or maintenance story up. So if they can be unethical in doing that then maybe your conscience will allow you to move forward with your plans. Link to comment Share on other sites More sharing options...
ali Posted March 7, 2016 Share Posted March 7, 2016 How much longer do you have on your rental agreement. You could say that they can keep the bond - wether they will be happy with this or not. I might be difficult for you to find someone from here to take over your lease as you've noted the agents aren't good and there are a lot of problems with the rental itself. Link to comment Share on other sites More sharing options...
Cerberus1 Posted March 7, 2016 Share Posted March 7, 2016 You can sign the bond over to them, we did that a few months ago when we wanted to leave before the lease was up Link to comment Share on other sites More sharing options...
MelanieJS Posted March 7, 2016 Author Share Posted March 7, 2016 It seems odd that they can't find anyone to rent.This probably indicates the rent you are paying is too high and others won't pay that much. Parleycross: the rental amount is typical of this area. It is one of the cheapest. Link to comment Share on other sites More sharing options...
MelanieJS Posted March 7, 2016 Author Share Posted March 7, 2016 The rental agreement is until June. Part of me thinks the agents are apathetic about the situation. I think 6 weeks is sufficient time to find another renter tbh! Link to comment Share on other sites More sharing options...
Keith and Linda Posted March 7, 2016 Share Posted March 7, 2016 You can sign the bond over to them, we did that a few months ago when we wanted to leave before the lease was up Negotiated settlement then? if the owner/agent does not agree to it then, just to be a little difficult over it, do not sign it over, I suppose it gives you a little leverage. Link to comment Share on other sites More sharing options...
MelanieJS Posted March 7, 2016 Author Share Posted March 7, 2016 Negotiated settlement then? if the owner/agent does not agree to it then, just to be a little difficult over it, do not sign it over, I suppose it gives you a little leverage. Does anyone know how we sign the bond over to the agent/owner? Is it straightforward? Link to comment Share on other sites More sharing options...
rammygirl Posted March 7, 2016 Share Posted March 7, 2016 I wouldn't rush into closing your bank account either. Just keep a small amount in and run it on line. Otherwise where will they pay the bond or any tax refunds etc? You can then use it when you are here on holiday and take a view later on closing it. Discuss with the bank. We had no issues with Westpac having a UK address on our account when we moved back to the UK for a while. We we still keep our UK bank account too, it does come in handy. Nothing to stop you advertising your rental yourselves either? Link to comment Share on other sites More sharing options...
Rule Britannia Posted March 7, 2016 Share Posted March 7, 2016 I'm no expert on this area of interest, however, like back in the UK, it depends how much of your lease there is to go, if it equates to the 3,000 bond money then really if you were to up and leave, they would just keep your deposit, regarding your front door, spray some WD 40 in the area of the door ie latches and bolts ect ect ect this will help it I am sure it will. The Rental market is nuts everyone is leaving as far as I know, myself included I am just getting things in order so to speak and will just finish up a 3 month contract then I'm done. I too am unable to afford to live here any longer x 9 years too many. The job market is an absolute nightmare here, and that's it for me, already researching which Car to buy back in the UK they are totally cheap and spoilt for choice, have my eyes on a BMW series 1 or an Audi S3 Quality just Quality..Just one more thing, of course your contract is also legally binding, you must consider the legal implications, but if the time left = the 3,000 dollars happy days....The alternative is not to pay your rent, then the owners will request that you leave within a two week period, there are always options and alternatives...Do you like that last one...I Do : )) happy days...and your right about the agencys they are Clue less...and that's a compliment... Link to comment Share on other sites More sharing options...
MelanieJS Posted March 7, 2016 Author Share Posted March 7, 2016 I'm no expert on this area of interest, however, like back in the UK, it depends how much of your lease there is to go, if it equates to the 3,000 bond money then really if you were to up and leave, they would just keep your deposit, regarding your front door, spray some WD 40 in the area of the door ie latches and bolts ect ect ect this will help it I am sure it will. The Rental market is nuts everyone is leaving as far as I know, myself included I am just getting things in order so to speak and will just finish up a 3 month contract then I'm done. I too am unable to afford to live here any longer x 9 years too many. The job market is an absolute nightmare here, and that's it for me, already researching which Car to buy back in the UK they are totally cheap and spoilt for choice, have my eyes on a BMW series 1 or an Audi S3 Quality just Quality..Just one more thing, of course your contract is also legally binding, you must consider the legal implications, but if the time left = the 3,000 dollars happy days....The alternative is not to pay your rent, then the owners will request that you leave within a two week period, there are always options and alternatives...Do you like that last one...I Do : )) happy days...and your right about the agencys they are Clue less...and that's a compliment... Well we fly out on Monday 14th March! If we just left, then we wouldn't be entitled to getting our bond back anyway would we? I think I'll offer the bond as a gesture to get it finalised otherwise it looks like we will just leave. Link to comment Share on other sites More sharing options...
northshorepom Posted March 7, 2016 Share Posted March 7, 2016 Laws differ from state to state but I would have no qualms about walking away if that's what it took Link to comment Share on other sites More sharing options...
Guest Posted March 7, 2016 Share Posted March 7, 2016 Personally i'd try to negotiate with them if no joy just hand them the keys and leave. What other choice do you have flights are booked and your going so just do it. Link to comment Share on other sites More sharing options...
vickyplum Posted March 7, 2016 Share Posted March 7, 2016 The rental agreement is until June. Part of me thinks the agents are apathetic about the situation. I think 6 weeks is sufficient time to find another renter tbh! I suspect they would be moving more quickly if the property was empty and no rent being received! Link to comment Share on other sites More sharing options...
Guest Posted March 7, 2016 Share Posted March 7, 2016 One more thing if you have been paying your rent by direct debit and you are keeping the account open that it came out from be sure to cancel the direct debit as i suspect the agents will in all likely continue to take the rent out. Good luck with your move back Link to comment Share on other sites More sharing options...
MelanieJS Posted March 7, 2016 Author Share Posted March 7, 2016 One more thing if you have been paying your rent by direct debit and you are keeping the account open that it came out from be sure to cancel the direct debit as i suspect the agents will in all likely continue to take the rent out. Good luck with your move back Chicken66: We are closing our bank account here. We don't need it and as you have to do it in person, it has to be done before we go. Thanks, we are looking forward to it and the next adventure. Link to comment Share on other sites More sharing options...
Eera Posted March 8, 2016 Share Posted March 8, 2016 Agents have to be proactive in finding a replacement tenant; they are not allowed to simply let it be while you continue to pay rent. My agent (who is very good) said that they have a limit of about 6 weeks, then they have to accept that the rent is above market level and advise the landlord to drop it. You may be expected to make up the difference until the end of the lease, which is only fair. Link to comment Share on other sites More sharing options...
northshorepom Posted March 8, 2016 Share Posted March 8, 2016 Agents have to be proactive in finding a replacement tenant; they are not allowed to simply let it be while you continue to pay rent. My agent (who is very good) said that they have a limit of about 6 weeks, then they have to accept that the rent is above market level and advise the landlord to drop it. You may be expected to make up the difference until the end of the lease, which is only fair. When we broke a lease, our agent didn't lift a finger to find another tenant, they didn't even advertise the property. I think this is quite common Fortunately in NSW tenancy agreements have to have a cap in them so you are only liable for 6 weeks rent and after that the agreement is just terminated, so we weren't exposed. But it was very surprising to me to see the agent doing nothing until the last minute of that 6 week period, I suspect because the landlord was on at them Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.