Break lease in SA

Hi, I am a tenant who recently signed a lease for a rental property in Adelaide.
I viewed the property while the outgoing tenant was still there. I then met with the landlord prior to the open inspection.
The landlord pointed out he can't ask for a deposit but asked me to sign a bond eft transfer form to hold the property. He also asked for 6 weeks rent as bond, which I realised after I had signed was not affordable for me due to just starting a new job and not getting paid for 3 weeks. I then sought and was approved for assistance with bond from Housing SA. I asked the landlord if he would accept a Housing SA bond and he agreed to release the first bond.
I then started to feel very uncomfortable about the amount of rent being charged for the condition of the property. I hadn't been given a copy of the lease or even the landlord's last name or address. I decided to approach the landlord about not proceeding with the lease on financial grounds. He was very angry I didn't want to proceed and said he had to think about whether or not he would cancel our agreement. He also didn't turn up to a meeting we had arranged.
Eventually we spoke on the phone and he indicated he should receive compensation for my not proceeding to the tune of up to 4 weeks rent and advertising costs. He also said he was too busy to hold an open inspection.
I said I thought this was unreasonable as I hadn't even moved into the property and he could put the property on the market again. I offered him one week's rent as compensation but he refused this. He has also not advertised for a new tenant. He was initially advertising using free means anyway so charging me for advertising seems unfair.
The bonds office insist on processing my bond and tell me to just claim it back. I am very upset as it is several thousand dollars and I can't afford to lose that much money. I can't get them on the phone to get any advice about what to do.
My understanding of my options is:
1. I can submit a claim for bond refund which may be disputed.
2. I can apply to the Tribunal for termination on the grounds of financial hardship.
I would appreciate any advice (I know I have responsibilities and should not have signed a lease, I am not disputing that. I think his idea of compensation is unfair.)
 
You can try to claim the bond, but as the LL is likely to do so also, the tribunal will end up intervening on the matter and deciding for you.

What you need to do is make sure you are following the proper legal procedures to make sure your claim is as strong as possible (it doesn't appear too strong from what you've said).

Speak to residential tenancies for proper advice. They DO aswer the phone.

Btw, can I ask how much the rent is if your bond is several thousand dollars (as a HT bond) :eek:.
 
You will most likely be up for rent up until the property is re let and 100% of the marketing costs to re let the property, you say it's privately let so your lucky no re letting fee is charged. I would have taken the offer of 4 weeks rent and put it down to a bad decision on signing something you shouldn't have. In the end I'll expect you will be worse off not accepting the landlord's initial offer.
 
Since you are going to lose money...I'd continue with the lease.
Either try to sublet it, or take in a roommate until the end of the lease.
 
Since you are going to lose money...I'd continue with the lease.
Either try to sublet it, or take in a roommate until the end of the lease.

This is what I think too. If you end up losing four weeks' rent or more you might as well stay there. Depending on how overpriced you feel the house is, you are going to lose that money anyway by breaking your lease.
 
It isnt clear from your post. Has a lease actually been signed or just the bond deposit? If no lease has been signed yet then you are not breaking lease, the only thing you would be liable for is a holding deposit if such a thing is allowed in SA
 
You can't break a lease if you haven't signed one.

Contact OCBA and have a chat to them, and they will give you the answers.
 
You can't break a lease if you haven't signed one.

The way I read this is that there was only one copy of the rental agreement instead of two.

I'd be pissed off if this happened to me too. Definitely siding with the landlord on this one.
 
In our instance, if a written lease isn't signed, it is considered a month to month lease (oral lease).
Is there something similar there, in this circumstance?

It is upheld here, if the landlord wants it enforced.
 
Yes I did sign a lease already. I thought I was only liable for rent up to when a new tenant was found. What about the fact the kitchen, bathroom, and laundry and sub standard for the rent, not being given his last name or a copy of the lease and him not turning up to an appointment and insisting on processing my bond even though I said I couldn't afford it and had a Housing SA bond instead. Do you really expect I would want to rent from him? Anyway I expect you are right I will have to settle.
 
The LL had to have given you his details to be able to get a housing trust bond.

The only thing the LL may have been in breach of is not giving you a copy of the lease within a given timeframe (I can't remember if HT require a copy of that too) whatever that is, but i'm sure that won't make a huge difference in the outcome as he'd just say he gave you one.

Failing to meet you and your revalution of the rent is of no legal consequence, nor is it the LL obligation to let it go because he should have known you couldn't afford it.

You need to remember apart from the legal aspect, this LL has been messed around badly.

Finalizing this, advertising for a new tenant and finding an appropriate one can take time. Sometimes that tenant can't move in for a week or so as well.

Like I said before, ring Residential Tenancies.
 
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