Break Lease NSW

[greentomato]

Hello

I have a friend who wishes to break their lease in NSW and I am unsure of the answer to his question.

In a normal situation 2 weeks notice would be required to end the fixed lease at the end of the fixed lease term.

In a break lease situation he has been advised (by another friend) that no notice is required as it is a lease break. He has a clause in his lease to pay a flat fee of 4 weeks rent. So I assume this would mean he can return the keys, pay the break fee and no further notice is required? It's an urgent situation due to ill health of a family member so he does not have the luxury of time. He doesn't want to muck the PM or owner around, but needs to determine if notice is required, if so he will need to arrange to ensure rent is paid for the notice period. (Which is where I come in, to pay the PM after he has left)

Are their any PM's or self managing landlords than can provide an answer as we cannot find any information on the Fair Trading website, in the lease document or anywhere online.

 

[alexlee]

Is there any reason why your friend can't just talk to the PM?

 

[Sez]

I think it depends on the owner and lease agreement, see below link for NSW fair trading info on breaking your lease.

http://www.fairtrading.nsw.gov.au/T.../Ending_a_tenancy/Breaking_a_lease_early.html

Best option is to talk to your PM, I've had a couple of break leases this year due to unavoidable circumstances and the landlords have been willing to let the tenants out of their lease break obligations due to the circumstances and have just required the usual 28 days notice (usual notice given in VIC outside of a lease).

 

[macca446]

Hello

I have a friend who wishes to break their lease in NSW and I am unsure of the answer to his question.

In a normal situation 2 weeks notice would be required to end the fixed lease at the end of the fixed lease term.

In a break lease situation he has been advised (by another friend) that no notice is required as it is a lease break. He has a clause in his lease to pay a flat fee of 4 weeks rent. So I assume this would mean he can return the keys, pay the break fee and no further notice is required? It's an urgent situation due to ill health of a family member so he does not have the luxury of time. He doesn't want to muck the PM or owner around, but needs to determine if notice is required, if so he will need to arrange to ensure rent is paid for the notice period. (Which is where I come in, to pay the PM after he has left)

Are their any PM's or self managing landlords than can provide an answer as we cannot find any information on the Fair Trading website, in the lease document or anywhere online.

Hi,
I had the same situation last week tenant gave notice to my PM paid 4 weeks rent and moved out that week,PM does usual inspection .

 

[neK]

Talk to the PM.
Never know, the owner may be wanting to move in. Could be a win win for all.

My usual terms for break lease are
1. Make the property presentable and available for inspections
2. I find the new tenant, not you.
3. The faster someone moves in, the faster you can stop paying rent.

 

[Propertunity]

...... we cannot find any information on the Fair Trading website, in the lease document or anywhere online.

Here are the links to, the RTA (Resi Tenancies Act 2010)
http://www.legislation.nsw.gov.au/maintop/view/inforce/act+42+2010+cd+0+N
and the residential tenancies regulation 2010 NSW (which is how the act is administered)
http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+664+2010+cd+0+N

Cheers, Alan

 

[greentomato]

He hasn't been able to get hold of the PM, they never answer their phone and messages go unreturned.

He went down to their office but the Receptionist said no one was in and was unable to help with any information. He's just handed in his break lease letter and is vacating this weekend. I guess the PM will no doubt get in touch now!

 

[greentomato]

3. The faster someone moves in, the faster you can stop paying rent.

There's a flat break lease fee is his agreement, so the rent till someone else moves in is void.

 

[neK]

Hence why i said speak to the PM (also I said thats my break lease terms), whos the say the owner of the property doesnt share a similar sentiment?
(I'd rather rent out a property in autumn than winter).

It doesnt matter what was mentioned in the contract, if both parties agree, then that overrules any existing clauses in a contract.

 

[Scott No Mates]

GT, they have done the right thing under the lease. If it is urgent, ie no time to faff around, then you pay the break fee, no discussion required and terminate the lease/handback keys.

If the owner comes out ahead, that is the risk.

Terminating a lease at the end of the fixed term requires the appropriate notice only by either party.

 

[greentomato]

Thanks Scott No Mates, glad he will be ok to go quickly.