Breaking lease mental health issues

Discussion in 'Property Management' started by Christinabrown, 8th Aug, 2017.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Christinabrown

    Christinabrown New Member

    Joined:
    8th Aug, 2017
    Posts:
    1
    Location:
    Nsw
    Breaking lease
    My brother was admitted to mental hospital and remains there. We had to break his lease on his unit. Does he have to pay the penalty
     
    Christinabrown, 8th Aug, 2017
    #1
  2. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,002
    Location:
    Brisbane
    I would think "no" (but really have no idea). Can you call the department that looks after these things in the state the lease is for and ask them directly? Or a tenant's union? In Queensland that would be the Residential Tenancy Association. Other states will have different government departments that look after this and should be able to answer your question.
     
    wylie, 8th Aug, 2017
    #2
  3. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,160
    Location:
    03 9877 3000
    I reckon the landlord has zero chance of success with the tribunal. The landlord would be well advised to simply let it go and move onto a new tenant as quickly as possible.
     
    Peter_Tersteeg, 8th Aug, 2017
    #3
    Bayview and Jamie Moore like this.
  4. Pumpkin

    Pumpkin Well-Known Member

    Joined:
    26th Jun, 2015
    Posts:
    1,342
    Location:
    Brisbane
    Sorry to hear about your brother @Christinabrown. It'd be hard for the family.
    Pretty sure there's provision for hardship, at least in Queensland. Speak to the Agent or Landlord. Hope they have Landlord Insurance....
     
    Pumpkin, 8th Aug, 2017
    #4
  5. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,002
    Location:
    Brisbane
    I do wonder if you have the ability to deal with his business. I'm also sorry to hear about your brother, and know from my own family experience how hard this is on everyone. A sister-in-law is in and out of psychiatric care and refuses to allow any of her family to have any control over anything.

    Privacy issues are well and good (and I totally understand why they are there), but when a family member wants to help, it can mean you have to stand by and watch something unfold that could be prevented.

    Example is when my SIL said something about having not paid a particular account. I was not able to find out any details. I did manage, with the sympathetic help of someone working there, that $xx would stop any action being taken.
     
    wylie, 8th Aug, 2017
    #5
  6. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,406
    Location:
    Qld
    Suggest you apply immediately to the tribunal for a decision.
    Get as much written evidence as you can.
    Marg
     
    Marg4000, 8th Aug, 2017
    #6
    Tom Rivera likes this.
  7. Bayview

    Bayview Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    4,144
    Location:
    Inside your device
    Over the years I've had a few tenants break their lease for various "life issue" things....

    I always let them do it; another tenant will be along any minute! ;):D

    I think any LL who wouldn't allow your brother to do this needs a good dose of karma.

    As @Peter Tersteeg said; the Tribunal would probably side with your brother anyway; but all that should be needed is a forthright and pleasant letter or email to the PM to explain the situation and see how that goes.
     
    Bayview, 8th Aug, 2017
    #7
    WattleIdo, moridog and Ed Barton like this.
  8. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,755
    Location:
    Melbourne
    I would expect a letter from the hospital or Doctor confirming the situation.
     
    Last edited: 8th Aug, 2017
    Joynz, 8th Aug, 2017
    #8
    Stoffo likes this.
  9. DaveM

    DaveM Well-Known Member

    Joined:
    14th Jun, 2015
    Posts:
    3,761
    Location:
    Adelaide & Sydney
    As a caring human being, I would wish him a speedy recovery and let him out of his lease. Its not always about the money.
     
    DaveM, 8th Aug, 2017
    #9
    Pumpkin, pwnitat0r, moridog and 1 other person like this.
  10. moridog

    moridog Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    527
    Location:
    WA
    I wish your brother a speedy recovery not impeded by worry over a lease and I commend you on your compassion and resource in posting. Good luck.
     
    moridog, 8th Aug, 2017
    #10
    wylie likes this.
  11. SeafordSunshine

    SeafordSunshine Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    1,002
    Location:
    Sydney
    Hi Christina,
    have you applied for 'power of attorney'?
    I think if you have this, you are able to 'bat on his side'.. banks , leases, loans and so on
    Also, please make sure you look after yourself!
    First!
    I hope this helps
     
    SeafordSunshine, 9th Aug, 2017
    #11
    Stoffo likes this.
  12. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,002
    Location:
    Brisbane
    Christina would have to have her brother agree and be legally able to sign the power of attorney. That sounds unlikely at the moment.

    I know the only avenue we had with our relative was to ask the government to step in and appoint one of the siblings as an adult guardian of some sort.

    The problem in our family was that the ill person thought we all were trying to sell her house from under her. We wanted to help, but she didn't trust anyone.

    Until she can no longer function, or risks losing her house, at which time we would likely step in (depending on circumstances of course) to protect her from a bad decision, we just watch and monitor and try to help.
     
    wylie, 9th Aug, 2017
    #12
  13. shelleykins

    shelleykins Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    98
    Location:
    Aust
    Ask to speak with the social worker on the ward. In mental health units they manage all patient finances and can apply to the protective office to manage finances. They may also apply to centrelink on her behalf and allow hospital fees to be waived in some circumstances. This would be a fairly common situation for them and they can advise you.
     
    Last edited: 9th Aug, 2017
    shelleykins, 9th Aug, 2017
    #13
  14. Tom Rivera

    Tom Rivera Property Manager Business Member

    Joined:
    1st Jul, 2015
    Posts:
    2,718
    Location:
    South East Queensland
    My thoughts would be along the lines of;

    - Organise power of attorney if you can (though @wylie makes very valid points about this potentially not being possible).
    - Advise the Property Manager immediately and get them marketing, ask them to investigate releasing him from the lease.
    - If you have any concerns about the Property Managers ability and attitude, or the area, etc, apply to tribunal for release. It's extremely likely your brother will be released without penalty.

    Ideally, the break lease will only cost you about two weeks rent and a let fee unless there are other complicating factors.
     
    Tom Rivera, 9th Aug, 2017
    #14