NSW NCAT COVID ruling for breaking lease?

Discussion in 'Legal Issues' started by [d4rk-fr3d], 29th Jun, 2020.

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  1. [d4rk-fr3d]

    [d4rk-fr3d] Well-Known Member

    Joined:
    9th Jul, 2019
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    NSW
    Hi People,

    I just wanted to get some clarification of what would be the consequence as the Land Lord:

    Tenant is asking to move away after 28 days notice with $0 break lease with the existing -30% discounted rental.

    RE Agent suggested me to go to NCAT to get a least 2 weeks extra break lease at the current -30% discounted p.w rental rate since we have already drop the rental price, and the tenant is still have about 1.5 months lease active until end of September 2020.

    Do we have to go to the court to see the tenant or this is can be done via Zoom meeting for the court to decide the break lease fee?

    Any help would be greatly appreciated.
     
    [d4rk-fr3d], 29th Jun, 2020
    #1
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Yes. Maybe no.

    What question is this? A lease is a contract. What is the legal advice?
     
    Paul@PAS, 30th Jun, 2020
    #2
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Yes, they aren't doing in person but phone courts.
     
    Scott No Mates, 30th Jun, 2020
    #3
  4. [d4rk-fr3d]

    [d4rk-fr3d] Well-Known Member

    Joined:
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    Location:
    NSW
    Apparently, according to the agent, based on the NCAT NSW COVID-19 rule, the tenant can break the lease any time and the owner can only be awarded 2 weeks maximum rental payment as per the lease agreement.
     
    [d4rk-fr3d], 5th Jul, 2020
    #4