Tenant looking for some advice

Subletting with owners consent is possible and would reduce your exposure quicker. Whilst the owner/agent is collecting full freight, they aren't motivated to get a new tenant as they have a guaranteed cashflow for 4 more months before taking a hit.

The lessor is not prepared to take a short term lease (is there alot of renovation in the area - might be possible to find a short term renter whilst they do up their house).

The laws vary between states, in NSW under a lease break then the tenant is only obliged to find a tenant who will fill the remaining lease period not a longer term, in Vic the tenant is only up for the remaining % of the lease term with regard to leasing costs.

 

It would be per week technically since that is when the money would normally fall due.

 

For a variety of reasons, subletting is almost certainly not in a tenant's best interest in lieu of simply breaking lease. Its probably not ideal for a landlord either - it just introduces another layer of contractual obligations to complicate things for both parties.

Like I mentioned, if you aren't able to convince the landlord to take those reasonable steps in finding a new tenant, then I would generally advise to simply stop paying rent if the tenant has already vacated. Mostly because it may be that the tenant won't owe that money, but it has the nice side effect of possibly motivating a landlord to try properly to find a replacement tenant.

 

Also depends on whether you want to return to WA to rent again.

 

when do you actually plan on moving out of the property?
I think you need to communicate with the pm/owner before you move on what your expectations are on market rent. Try and come to a reasonable agreement and advertise accordingly.

$390 sounds like a reasonable offer in this market but it may have been turned down due to the quality of tenant? because why wouldn't they take the identical one for 385? or maybe they applied and were turned down on that one as well.

 

Thanks for the info thatbum. We moved yesterday. I spoke to the PM yesterday and she believes the true rental is still $420 even though we have produced various similar properties that are $20/$30 or even $40 a week cheaper. We have stated many times that we will pay the difference but she isn't willing to lower it any further which we believe will insure us having to pay the remainder of the lease.

Does anyone follow the Tuart Hill, Yokine area at all? Here is our property: do you believe $420 is true market value?

https://m.realestate.com.au/property-unit-wa-tuart+hill-416051817

 

We are unable to sublet the property. The landlord is very picky on their choice of tenant and every inspection we have had they have insisted on coming along too. There's no way we would be allowed to sublet ourselves.

 

Dear Emma,
it appears your agent is not showing the property over the weekend! Tell them you must have it 'open' Saturday !
I hope this helps

 

We have all correspondence relating to various offers to top up the rent but the discussion regarding the refused tenant application was unfortunately over the phone so we have no proof.

 

Thank you I will put this to them.

 

Dear Emma
Send the agent an email, cc to yourself
'Dear Agent this is to confirm our telephone conversation on xxx date xxx time ,Where we offered XXXX under xx conditions, '
This will help you.
I wish I had a tenant as responsible as you!
I hope this helps

 

You are not obliged to use the existing agent if you haven't signed a letting agreement with them. Could you use another agency to find a replacement for the balance of the lease? as you cannot offer or be expected to find a tenant for longer than your lease. Sounds like they are dancing to the beat of a different drummer.

If this agent isn't performing then bite the bullet and refuse them access witwithout proper notification.

 

Basically its time to implement point number 3 in my previous list. However regarding your final liability, you really have to wait and see how the landlord responds - he/she may get their act together and start behaving more reasonably. Your liability is also affected by how long it takes to find a new tenant and at what price obviously.

Did you get some tenancy advice yet?

 

The agent has stated if a tenant isn't found after tonight's viewing then they will do one next weekend, most probably Sunday though.

 

Thanks.

I've been trying to call Tenancy WA but can't get through. You can't remain on hold so if there isn't an advisor available it hangs up. Will continue to call.

I've read mixed views on once you vacate a property after breaking a lease - whether you have to continue paying rent or stop? Can anyone in WA confirm this? I don't want to do this but considering the landlords actions in not lowering the rent, I don't see any other options..I don't understand why the landlord isn't willing to lower the rent (as we have stated we will pay the difference)

 

Just found this thread. I think some comments have been unnecessarily harsh and @Emma Andrews doesn't in any way seem to be trying to shirk responsibility here.

Things happen and leases need to be broken from time to time. She's happy to pay the shortfall for whatever it is rented at but simply wants a fair price to be asked so someone moves in soon. Isn't that a fair question to ask and a fair outcome to aim for?

What seems to be the issue here? The overly adversarial attitude to tenants at times is silly imo, both landlords and tenants need each other, there's no need to have such disdain. Hope it works out for u, I think there's been some good practical advice given already but your actions so far I think will help your cause if it ends up going further.

The landlord has a responsibility to mitigate his/her loss and it doesn't appear to be happening. Make sure u keep evidence of comparables too so u can justify your claim that the price asked is too high

 

I agree. It is difficult to price rentals in a declining market, 'fair price' to the agent and 'fair price' to a vacating tenant might be quite a few $$$. My rental in Cloverdale just got rented out at $100 pw less than previously, which was a lot lower than the agent initially thought. I would be surprised if the property mentioned above had only dropped by $20 pw. $390 pw is propably closer to the mark. That said, the tenant may have been unsuitable for other reasons. We actually rejected three applicants before finding a suitable tenant.

 

I live in Yokine and also have a investment property in Yokine.
Their are nearly a 100 places for rent and the rental prices all over the place.
You will have real difficulty finding someone for the place unless it stands out.
I think they should be asking $400 max if they have any chance of renting it out.
They should also have more photos in the advert.

 

Ok I finally got through. We pretty much have two options:
1) A written agreement with the landlord to terminate early. Of course it's in their best interests to not do this but we could maybe offer for them to keep the bond?

2) Seek to terminate by 'abandonment' by moving out and stop paying rent. They are entitled to compensation from us for any losses but they need to take all reasonable steps to mitigate their loss and they won't be entitled to compensation for any loss that could have been avoided if they had taken those reasonable steps. I believe if they do go for compensation which they will probably do (and are entitled to) we will have a strong case in regards to their unwillingness to have the property at fair market price for these past 5 weeks.

There was an open home last night, no one turned up and they now want to feature the property on realestate.com at a cost of $110 and are still keeping at $420pw.