Breaking Lease NSW

[TiaCapan]

Hi all

Just looking at options at the moment. I'm currently leasing through an agent, and potentially looking at a new job and would like to move closer. 

In my lease is a break clause, 6 weeks rent owed in first six months, or 4 weeks rent in months 6-12. 

How does this work? Do I give notice and say leave on Monday and will owe six weeks rent, or can I stay in the property for up to six weeks. It's confusing how it's written.

Also will they take the monies owed from the bond? 

If all monies are paid, do they still register this on the 'naughty tenants' register?

Btw, I'm happy, and able to pay, the break lease fees, but just unsure of how it works :-/

[Collie]

Google the Residential Tenancies act 2010.  Sometimes they put clauses in that aren't actually legal (an ex landlord of mine did) although agents are normally compliant.

My understanding is that you are responsible for new advertising fees and the rent until a new tenant is found (which shouldn't be an issue in Sydney) or the end of the lease term whichever is first.  There shouldn't be any penalty clauses.

It should have no impact on your bond.  The bond is purely for damage to the property (& not wear & tear).  There are some good guidelines on what constitutes damage v wear & tear.  How long into the lease are you/is left?  If you live in area of high demand, they should have no problem finding a new tenant and you have a reasonable reason for breaking early (new job further away).  Your agent should be reasonable about this, they may even secure a higher rent (when I left my place in Balmain, they upped the rent 10% and got a new tenant no problem - wasn't a break lease situation though)

[Eera]

As above, except that when you leave, the agent can't advertise until the end of lease waiting for someone to take it over; after 4 or so weeks if there's no interest they have to drop the advertised rate as it's not "market value" if no-one is asking about the property.  You may have to pay the difference between the new lease and your up until the end of lease.

That's the way my agent run the leases anyway.

 

 

[TiaCapan]

Thank you both for your replies.

It is a standard tenancy agreement but with an additional term that allows for break lease with the following fee:-

41.1 The tenant agrees that, if the tenant ends the residential tenancy agreement before the end of the fixed term of the agreement, the tenant must pay a break fee of the following amount:

4.1.1 If the fixed term is for 3 years or less, 6 weeks rent if less than half of the term has expired or 4 weeks rent in any other case

it states

'Cross out this clause if not applicable, and if not applicable, note clauses 54.2(a) and 54.2(c)'

the clause 54.2 states as both posters have mentioned regarding responsibility up to end of lease unless has been re-leased etc

So I'm hoping this stands.

Ive not been here six months yet, and it's not in Sydney, but regional but houses in fairly high demand.