Help - Breaking a Lease under special circumstances

Discussion in 'Property Management' started by Sara H, 21st Nov, 2018.

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  1. Sara H

    Sara H New Member

    Joined:
    21st Nov, 2018
    Posts:
    1
    Location:
    Sydney
    Hi all,

    I need some advice please... I am a tenant and this is the situation:

    -We have been at current property for 15 months now, asked to sign a new 12 month lease at the end of the 12 months as we needed something long term, advised the real estate of this.

    -Landlord came back and said they are happy for us to sign 6 months, we questioned multiple times why and the real estate ensured they have no plans to sell the property just that the landlord didn't give a reason and that they just want to review again in 6 months. We again stated clearly that we want something long term..

    -We deliberated and signed the lease in the end, then three weeks later I asked the real estate about some repairs and they advised us that the landlord had just told them they plan on moving back in the property themselves at the end of our 6 month lease. Now we are stuck with not being able to look for anywhere more long term at the moment (now is a good time, lots of houses out there) We wouldn't have signed the 6 month lease if we had known the intentions of the landlord and would have been in a better position to go month to month then move with minimal notice period when something suitable came up. We have pets so it's even harder to find anywhere.

    -Advised the real estate that we weren't happy and feel misled and asked whether they can give us some flexibility, for example an 8 week period at the start of next year to be able to leave with no break lease fees if something suitable comes up. Or to get out of the lease and just go month to month. No response. After chasing multiple times real estate came back and said "yes the owners are happy to allow some flexibility with the lease" I then asked to specify multiple times what the terms would be (because we need to know how much to budget, when to give notice etc) they again didn't respond.

    -I chased up again after we actually met the owner who was very flexible:

    "I met with the builders and the landlord who was lovely.
    I was speaking with her and she mentioned that she was happy to end the lease early if we were to find somewhere as there was a lot of new rentals that came out on the weekend.
    We are just wanting to check what sort of notice that we would need to give. Would 2 weeks be enough if we were to get something over the next few weeks? There will not be any broken lease fees charged, right?"

    -The real estate responded:

    "The owner is happy to look at discussing ending the lease early in the New Year. As discussed by email with you before they will not by all accounts be ready before the end of lease in February anyway. "

    This is all very vague and nothing is confirmed so I again asked to specify:

    "What we are asking, is exactly what is required from us in case we find a house that's suitable before the end of the lease. The owner was quite happy to agree to give us this flexibility when discussing with us on Saturday. We might not find anything and need an extra two weeks at the end of February... I have no idea what the rental market will be like in January.
    Can you confirm if from 1st January 2019 we can give two weeks notice at any time to vacate the property (no break lease fees) ?"

    This must have ****** them off as they said:

    "We believe the best way to clarify this matter is that the lease ends on 22nd February 2019.

    The lease stands as signed. Should you need a extra couple of weeks at the end of the lease let us know then and we will do our best to accommodate you."

    The break lease fee is 3k (4 weeks rent) I had a feeling they pretended to be helpful but would end up charging us anyway as I never got a straight answer.

    I can't risk leaving looking for a house to the last minute, when the market will also pick up early next year. So we will most likely need to pay. I need some advice, do you think this is unfair or do you think they have every right to do this?

    How can I get out of the break lease fees? It's so much money.

    Another question I have is if I give say 3 weeks notice now, if we find a house. Does that mean I only need to pay one week's rent once we move out? Or does the break lease fee add on top of when you move out then you have to pay another 4 weeks?

    Just to add, we have been great tenants keeping the place well looked after and we always have paid our rent monthly, in advance.

    Any help would be greatly appreciated, it's all very frustrating.

    Thanks!!
     
  2. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,258
    Location:
    Australia
    You dont have a leg to stand on. Fair (from your point of view) and legal are very different things. Start early and be prepared to pay a week or two overlapping rent if you have to.

    The owner can decide to move back in at the end of a lease.
     
  3. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,258
    Location:
    Australia
    The lease protects both parties. Would you want the owner to say their moving in so please leave next week? Just because you want to break the lease doesnt make it unfair.
     
  4. Noobieboy

    Noobieboy Well-Known Member

    Joined:
    10th Aug, 2017
    Posts:
    2,172
    Location:
    Utopia
    might be worth ringing the tribunal or whatever tenants agency you have in your state. They usually are able to provide good guidance, especially if you have your conversation in writing before you signed the lease.