Tennant done a runner 2 months early

As mentioned, the process is different. Yes the tenancy still ends, the process to do so is different.

- Luke

 

My point is that its not different.

The confusion comes from the fact there is a process for when a lessor reasonably suspects the tenant has abandoned the property, but isn't sure. It involves applications to tribunal or notices of termination or both.

It doesn't preclude the fact that a "break lease" is another way for a tenancy to terminate by abandonment.

Read s277 again. If a break lease isn't s(5)(b), then how is it that you're legally even allowed to take back possession of the property in a break lease situation?

You wouldn't be able to...

 

Hi @thatbum ,

I'm not sure who you are arguing with or who is making a point that it is different from a legal point of view? I completely accept and know what you are saying. Whilst it may be of interest that from a legal point of view they are the same thing, from a practical point of view though it is of no real assistance to the OP in determining what action to take or process to follow. As you pointed out yourself - which is the point I was making - there are a number of ways to end the tenancy and each of them involve a different process.

This is why I generally don't use the term break lease as it does cause confusion. I only used it as that was the terminology you had used. When I posed the question "break lease or abandonment?", it wasn't a suggestion they were legally different. When the term "break lease" is used colloquially, my experience is that the vast majority of people are referring to a not uncommon scenario where the tenant provides notice to vacate prior to the end of the fixed term tenancy. Again as we both pointed out, the process for abandonment is different.

The confusion may be from an assumption that the text message from the tenant saying they had moved out constituted notice of intention to vacate. It is pretty clear to me that a text message does not meet the requirements of section 82 in NSW (or section 327 in QLD). So again in posing the question "break lease or abandonment?", I was questioning which process to be used on the basis of the above, and that it may be prudent for the landlord to cover their bases and follow the process for abandonment.

Hope that helps clear it up!

Cheers,

Luke

 

You can claim the tenants bond however the RTA will contact the tenant and ask if they agree to this if not you will need to apply to QCAT if this can not be resolved. Regarding your insurance you will need to check with them directly about actively looking for a tenant, I would think yes if there is no damage and only a bond clean was required. Smoking you could try washing down the walls but a good airing will probably do the trick, you can ask that tenants do not smoke within the residence and this can be stated on the lease.