Vcar ? Lawyer letter? Being charged rentwhile agent not advertising for new tenant.

Discussion in 'Property Management' started by justine77, 8th Mar, 2020.

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  1. justine77

    justine77 Well-Known Member

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    My son gave notice a while ago that He s moving in 2 weeks to house he bought .

    The agent has not advertised the house yet even though the move is imminent and has said my son must pay till a new tenant is found but they r not advertising or looking fir a new tenant


    The agent came to do measuring looks like they will subdivide and use my sons paying rent to pay them while they do repairs and possibly subdivide the garden maybe put a granny flat on it

    What is everything we can do to not be obliged to pay rent past date of move .

    can my son write a letter saying what day he gave notice and that he will not b paying after that date he will fight it in vCat as they r not even advertising for a new tenant and they r wanting to abuse his his rent to do repaurs or subdivision

    should a lawyer write the letter

    what can we do what rights do we have

    they get come to measure up and b ready to do whatever they r planning on his rent paying saying he must pay till a tenant is found but they r not advertising they r going to use his rent to pay for whatever they plan to do .
     
  2. thatbum

    thatbum Well-Known Member

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    He should get some advice from a tenancy advisory service. There's likely to be a simple solution.
     
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  3. justine77

    justine77 Well-Known Member

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    I saw an article that said that the tenant should stop paying on date they gave notice for and negotiate re losses or thru vCat

    that owners r obligated to do all they can to not have losses eg advertise and find tenants and clearly this owner isn’t doing that .
     
  4. thatbum

    thatbum Well-Known Member

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    I suspect the owner has no obligations to do anything right now.
     
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  5. justine77

    justine77 Well-Known Member

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    Why do u say that
     
  6. justine77

    justine77 Well-Known Member

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    Interesting read Breaking a rental lease - CHOICE

    Article says to stop paying rent on day you’ve given notice for and negotiate the compensation amount separately and by tribunal if necessary

    Landlords are required to mitigate their losses, which means they need to try to find a new tenant as soon as possible. Cutcher says that past tribunal decisions have found that landlords have failed to mitigate their losses when the property was advertised at a higher rate and also when it was advertised as available at a later date than when the tenant vacated. His advice? Keep an eye on the advertising campaign for the property to ensure the landlord is doing as much as they can to get a new tenant. If the landlord isn't doing its best to find a new tenant, this should be factored into the amount of compensation being paid.
     
  7. Lil Skater

    Lil Skater Well-Known Member Business Member

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    Is your son breaking his lease? Or was he issued a notice to vacate from the owner?

    The reason I ask is because in Victoria he needs to give 28 days’ notice that he will be vacating (unless he’s broken his lease/been given a NTV). If it’s a standard vacate and he has given 2 weeks notice, he must pay the additional 2 weeks and there’s no obligation on the owner to advertise or do anything.

    If he has broken his lease, then there is an obligation to the owner to mitigate the tenants loss. This would include advertising for new tenants and conducting open for inspections.

    If the owner wishes to sell or renovate the property, they cannot have the tenant paying rent during this period regardless of the lease - but they are entitled to ask for 28 days’ notice and mutually terminate the lease.

    I would have your son approach the agent and find out what is going on because your post isn’t exactly very clear.
     
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  8. justine77

    justine77 Well-Known Member

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    He gave notice to break his lease

    I’m so grateful for ur information thank u
     
  9. justine77

    justine77 Well-Known Member

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    so 28 days notice
    but what about when breaking a lease then what please.
     
  10. Scott No Mates

    Scott No Mates Well-Known Member

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    Whatever it says in the lease about a lease-break ie up to date with rent and x weeks rent, vacate same day.

    You can't give notice, continue to occupy and chew up the lease break rent.
     
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  11. thatbum

    thatbum Well-Known Member

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    You don't seem to understand even the basics of the terminology or processes surrounding terminating a tenancy early. You haven't given barely any relevant information to us, and seem to not understand the information sheets regarding break lease procedures and liability.

    I don't say that to be mean - but I want to be direct and blunt in that the best way to serve your son is to get him to get this own proper advice.

    Its not to try and pass on info you're misinterpreting through yourself to him on this issue.
     
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  12. Lil Skater

    Lil Skater Well-Known Member Business Member

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    A break lease is a beach of the agreement, so technically no notice. Best practice would be that your son gave ample notice to mitigate his own loss, assuming he bought a property he would have had likely 30-90 days to sort this out and giving 2 weeks wasn’t in his best interest.

    As pointed out though, there seems to be some confusion on what’s happening and your son would be best to seek his own advice.
     
  13. justine77

    justine77 Well-Known Member

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    does anyone else have any information about how to not be forced to pay rent for ages after a lease is broken?


    he gave notice once he knew when he was moving
    the owner hasnt done anything to find a new tenant and says that my son has to pay rent until a new tenant is found but the house hasnt been advertised no effort has been put to find a new tenant. They have measured the garden looking like they will do renovations and subdivision and expect my son to keep paying to fund that while they dont look for a new tenant. An article says that owners must do all possible to find a new tenant and mitigate their costs.
     
  14. Lil Skater

    Lil Skater Well-Known Member Business Member

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    There is no set time. VCAT will usually allow 4-6 weeks rent, but you’d need to go to VCAT and the member will decide whether the landlord has mitigated the tenants loss.

    Despite how many people treat it like it’s worthless, a lease agreement is a contract. You break a contract and you need to be prepared to pay for it.
     
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  15. justine77

    justine77 Well-Known Member

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    when you want to break your lease - Tenants Victoria
    Mutual consent

    Any tenancy agreement can be ended by ‘mutual agreement’ between the landlord and tenant. We strongly advise that you get the agreement in writing, and that it states that you will not be liable for any additional costs or compensation for breaking the lease. You and your landlord or agent should sign the agreement. Make sure you keep a copy.

    Assignment
    Instead of breaking your lease, it may be easier to hand over or ‘assign’ your tenancy agreement to another tenant. However this is not always the simplest option as you will need to get the landlord’s consent, update the tenancy agreement and arrange for the transfer of the bond so you can’t be held accountable for the other tenant. Also, the landlord can charge you the reasonable cost of preparing an assignment in writing but they cannot charge for creating a new tenancy agreement with new tenants.

    Hardship
    If something unforeseen happens and it will cause you severe hardship to stay in the property until the end of the fixed term, you can apply to the Victorian Civil and Administrative Tribunal to reduce the period of your fixed term and allow you to end your tenancy. You should ask the Tribunal to hear your case as quickly as possible. You must continue to pay rent as usual, until the hearing has taken place. If you plan to apply for hardship, you must do so before you move out.

    To claim hardship, you will have to prove to the Tribunal that:

    · there has been an unforeseen change in your circumstances (eg you have lost your job) and you will suffer severe hardship if the tenancy continues; and

    · the hardship you will suffer if the tenancy is not ended will be greater than the hardship of the landlord if the tenancy is ended

    You may still have to compensate the landlord if you break your lease due to hardship (see Costs).

    Costs
    Breaking a lease on the grounds of hardship or by giving up possession can be costly. The landlord can claim compensation for any reasonable costs they have to pay as a result of you breaking the lease.

    The costs you could be liable for include:

    · a reletting fee (usually one or two weeks’ rent). This must be based on the fee that the agent charged the landlord so it is a good idea to ask for a copy of the invoice

    · reasonable advertising costs

    · rent until new tenants move in or until the end of the fixed term (whichever happens first)

    What the landlord or agent may not tell you is that you only have to pay the reletting fee and advertising costs on a pro-rata basis. This means you only have to cover these fees for the remaining term of the lease for which the landlord did not receive rent. For example, if you leave 7 months into a 12-month tenancy agreement, there is only about 40% of the fixed term remaining so you only have to pay 40% of the reletting fee and 40% of the advertising costs.

    Managing the costs
    If you want to break your lease, you should give as much notice as possible in writing (keep a copy of your letter). It is a good idea to state the exact date you will be leaving and that you want the landlord or agent to find a new tenant. The landlord is expected to take all reasonable steps to find a new tenant as quickly as possible. The more you can do to help find a new tenant (such as having the property available for inspection, or advertising the property yourself) the less you are likely to have to pay.

    You should only pay rent up until the day that you vacate. Once the new tenants move in, you can then pay the landlord compensation for any lost rent.

    You should make sure the landlord or agent are taking steps to relet the property after you give notice, and check the date that new tenants move in. The landlord has a duty to keep their loss to a minimum, so if they do anything to make it harder to find a new tenant (such as putting up the rent), or if they don’t make an effort to find a new tenant, you can argue that you should not have to pay them the full amount of compensation.

    Check the ‘Properties to Let’ section in the major newspapers and the Rental Listings available from the agent. If you have internet access, you can also check the agent’s website. If the property is not being advertised or is being advertised at a higher rent, keep this as evidence that the landlord has not tried to keep their loss to a minimum.

    If you think the costs that your landlord is claiming are unreasonable, don’t agree to pay. The landlord will then have to make a claim against your bond or apply to the Victorian Civil and Administrative Tribunal for compensation. The landlord must give you notice of their claim and you will have a chance to present your side of the story to the Tribunal.
     
  16. PurpleTurtle

    PurpleTurtle Well-Known Member

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    So what that article says, just like @Lil Skater said above, is if your son disagrees with the amount they want him to pay, he has to go to VCAT.
     
  17. D.T.

    D.T. Specialist Property Manager Business Member

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    Not sure about Vic but here in SA no obligation to advertise break leases til keys returned
     
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  18. Scott No Mates

    Scott No Mates Well-Known Member

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    Has your son and the owner agreed ie mutual consent?

    This is not an assignment - he hasn't gotten off his caboose and found a replacement tenant for the balance of the lease term

    He is not experiencing hardship.
     
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  19. Perthguy

    Perthguy Well-Known Member

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    The most important part of the wall of text

    Breaking a lease on the grounds of hardship or by giving up possession can be costly.

    Take it to VCAT, it's the only way.