Breaking lease, agent wants to advertise at higher rent

[salt]

We are breaking our lease one month early as we are moving into our own home.
I know that I am responsible for rent until either a new tenant is found or the current lease expires.
I have been informed by the agent that they will be advertising the property at a higher rate than we are currently paying. And I haven't been informed that there will be any improvements made to the property. I believe it will be harder to get a tenant as the property will be over priced as the bathroom and kitchen are disgusting and only just usable.

I've read on the Tenancy Union website for Tasmania that:

"...reasonable steps should include offering the property for the same rent, and for the same conditions as the current lease."

Therefore I'd like to know due to this will I be in fact liable for rent beyond my stated date of departure from the property?

Does anyone have any idea?

Thanks

 

[Propertunity]

You do not state how long the lease was for originally.

Let's say it was for 12 months. If so, then it would be 'unreasonable' for the agent to offer the property for rent at an amount no longer at market rates. Why should the LL get stuck with another 12 months of low rent just to saitisfy your requirment to minimise your loss for 4 weeks max, because you terminated early?

 

[salt]

Sorry, I have one month left on the lease after my date of departure. And the lease was for six months.

I don't mind the agent and LL chasing extra rent if they can get it. I just want to know my rights within the law. And I don't want to be taken advantage of so they can take a month to find someone willing to pay a higher rent for a low quality property, when if they listed the property at even a slight increase they would be able to find a tenant much sooner.

 

[D.T.]

Its only a month. I wouldnt bother breaking the lease, just advise that you won't be renewing and pay for the month.

 

[kennyboi]

Was the higher advertised rate similar to the market rate for similar style, configuration and condition of properties in your area?

 

[DaveM]

As you are only a month out from end of lease, re-advertising it at current market rent would be reasonable in my mind. Whether the tenancy tribunal would agree, I would suggest yes.

 

[Scott No Mates]

Is it Victoria or Tassie?

If you're still under lease for a month then you have the obligation to pay rent until the end of the lease. If there is a break clause then you pay the break fee and walk away.

If they are going to attempt to find a replacement tenant, it must be advertised at the same rate as you are paying but the catch is that they can only offer it for rest of your lease term ie as a short term rental. After that they can charge whatever rent they like (subject to the Act).

 

[trish266]

Why don't you just pick up the phone and ask the Tenants Union of Tas. 1300 652 641.

 

[elsLan]

You're only responsible for the advertising charge and letting few or break lease fee calculated at a pro rata amount.
If the lease was 6 months and you have 1 month left your penalty for breaking the lease early is 1/6 of the charge.
So for simplicity if the rent was $600 a week and the fee is one weeks rent you are only required to pay $100 regardless if what fee the lease you signed states.
Why should you pay for the landlords charges to have a whole new tenancy of 6 or 12 months when you only owe one further month of income under your contract? The landlord pays the remaining costs as they are attaining a new tenancy agreement.