Breaking Tenancy Questions

[kjab]

Hey all,

I was wondering if I could ask a few questions and a bit of advice please.

This is the situation. We are 6 months into a 12 month fixed term tenancy with a private landlord and looking to break lease at around the 9 month mark. We spoke about this and I asked if he could re-advertise and look for new tenants. As I understand it, the current tenant is liable for advertising costs and any rent until new tenants are found, and given that we have 3 months notice this shouldn't be too difficult.

Now the response I got from him was that he did not want to advertise or seek new tenants, and that we would be liable for all rent costs until the end of our agreed fixed term.

I think I read somewhere that the landlord has an obligation to re-advertise in this sort of situation, and that he can't just sit on a vacant place with us paying rent on it. Is this correct, or are we liable until the end of the tenancy even if he chooses not to look for new tenants?

Thanks in advance!

Kj

 

[jesskaye101]

Call your South Australian equivalent of Department of Consumer Protection. I would write the landlord a polite letter stating that you intend breaking the lease and if he does not make a commitment to have the proepry re-let, you intend making an application to the local Magistrates Court to have the lease brought to an early close as the landlord's actions will cause you financial hardship with no possibility of a new tenant being found.
I'm not a lawyer, I can't give you legal advice but I doubt that the landlord can refuse your request to find another tenant. Good luck.

 

[wylie]

Under Queensland laws, you are right. He cannot decide not to advertise or any of the other rubbish he is spouting.

I would find the authority who looks after rentals in your state, find the bits that cover your situation, read them thoroughly (I know the rules for Queensland, but some things may be different) and then let him know that you know your rights.

See what he comes back with. Once he knows that you know exactly where you both stand, he might bother to read the rules himself. If he does indeed know the rules, he might realise he is not dealing with some dumb bunny and pull his head in.

At worst, if you leave and he doesn't advertise at least two weeks before at the same rent, I would take it further. If he doesn't do the right thing, find out from the authority what you can do (stop paying rent?).

Get information and knowledge on your side and then hit him between the eyes.

We are private landlords and this is the sort of cowboy stuff that gives us a bad name.

 

[Sez]

And a repeat of what everyone else has said! In VIC he can absolutely NOT refuse to advertise, in fact, he has to and at the same rental amount you are paying. Talk to your states authority, write him a letter and keep a copy for yourself outlining when you are vacating and request him to start the advertising and provide you with proof of the cost of advertising before you pay any of those costs!!!

 

[kathryn d]

I also inform our tenants who wish to break their lease, is to advertise for tenants also. The more people trying, the better the response.
All they need to do, is forward the people to us. Everyone is happy.

 

[zepth]

Have you provided your notice in writing? If not do this immediately to help your case, request his statement that he does not intend to advertise the property in writing also.

Then when you vacate go to tribunal with evidence in hand that the landlord has no intention of releasing the property and you will no longer be liable for the rent while the property remains untenanted.

 

[Jonril]

http://www.ocba.sa.gov.au/tenancies/res/leasetermination/agreement_tenant.html Worth reading

Doesn't look like SA have a tenant union so you may have to slug it out alone or if you earn under $40k you can go to anglicare for help.

 

[Perp]

http://www.ocba.sa.gov.au/tenancies/res/leasetermination/agreement_tenant.html

Quoting from Jonril's link, it includes the clause I assumed would be there: "the landlord has an obligation to re-let the premises as soon as possible".

The reference is S78 of the Residential Tenancies Act 1995, "Duty of mitigation".