Breaking lease on a Granny Flat

Discussion in 'Granny Flats' started by brooke.a.c, 3rd Dec, 2019.

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  1. brooke.a.c

    brooke.a.c New Member

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    Hi, my partner and I recently moved into a granny flat in the BCC. We have been having issues with heat due to it being cheaply built with no insulation and one tiny aircon in the living area that does nothing. There is also a massive tree that drops big branches onto the deck and he won;t put a cover on it so it is dangerous, especially if there was a storm and I doubt he would have proper landlords insurance if he is renting it out illegally.

    How would you go about breaking the lease? I was thinking of giving two weeks notice with cause (cause being that it is illegal for him to rent it to us). I have a feeling he is going to be the type of person to then make up all these reasons to not give us our bond back. Should I ask the RTA for advice? Speak to council? What sort of penalties will he get if we report him?
     
  2. Archaon

    Archaon Well-Known Member

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    What's your lease agreement say, any lease break fee?

    I wouldn't go straight out with the fact he shouldn't be renting to you, you catch more bees with honey.
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    If the property is in BCC, it may not be possible to lease out separately from the house. @RPI could confirm.

    If it is illegal to lease out the property, contact council and they will serve an order on the owner to terminate the lease and kick you out on the street (possible claim for return of all rent paid too).
     
  4. brooke.a.c

    brooke.a.c New Member

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    Yes it is BCC and we have looked and they don’t have dual occupancy permissions. Interesting about getting back all the rent we have paid. I will wait until we have another place lined up first before informing them
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    You might have to fight for reimbursement, but it's worth it ;). Don't give notice, get council to can the lease.
     
  6. spludgey

    spludgey Well-Known Member

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    Still a bit of a dick move, but yes, might be an easy way out.
     
    Last edited by a moderator: 3rd Dec, 2019
  7. Paul@PAS

    [email protected] Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Them being forced to break the lease doesnt mean all past rent was not payable. Your eviction is a council matter. The extra costs of being evicted may be a separate action in QCAT especially if the bond issue arises it may be addressed at the same time
     

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