Breaking tenants new lease

[littlelee]

Hi all,

We were due to move to Perth next month for my husbands job and have let our house - tenants due to move in November 13th. I have just found out my mum has lung cancer and now obviously don't want to move. It is ok from my husbands job point of view he can stay in Melbourne, but what do i do about the tenants they have already signed the lease and are due to move in in 3 weeks time. I cannot move now, should we offer them compensation, call consumer affairs and see what they think - I'm beside myself with the stress of it all.
Traci.

 

[neK]

I would get the agent to explain the situation in its entirety.

Offering compensation would be a last resort, but I would do so if required.

I know if I was a tenant, there is no way I would insist you move given your situation, however at the same time, I wouldnt mind some compensation (there will be a cost of moving twice not to mention the hassle).

For example, a tenant may have terminated their lease and the agent has put their place for rent.

If their old agent is being nasty, then they can pass all sorts of random costs, if you were to cover that so they can continue staying in their old place then I think that would be a fair compromise. Its puts them in the same position as before.

However if they forced to move, then there is the cost of removalist and a storage unit. Again those costs should be compensated.

That said, if the tenants are playing hardball and refuse to give up their lease and insist you move out (even if you've offered them some compensation) then they obviously arent very nice people and will cause you more grief later on and I would kick them out at the end of their lease.

 

[alplant]

I think if the worse comes to the worse you could actually kick them out sooner than the end of their lease anyway. I'm pretty sure there is provision for owners to end a lease early if they need to move back into their property. I'd be talking to my PM (if you have one) about this possibility. Of course the tenants might be ok with giving up their lease anyway given the circumstances but if the PM gets even a whiff of trouble she might be able to issue a notice to vacate quickly. If that could work for you they would probably not bother to move in given that they might only get two months (or whatever notice is required where you are) before getting kicked out again. Just a thought.

Sorry to hear of the sad circumstances, no wonder you are stressed.

 

[Perp]

It is unfortunate, and I feel sympathetic, but bear in mind that the tenants have absolutely no requirement to release you from your promise to provide them with accommodation.

Having said that, you have the legal advantage of being in residence, and can simply refuse to move out. In such a case, the tenants would likely take you to VCAT for compensation, so rather than have the stress of that, it would be better to try and get the tenants to agree to release you, in exchange for some compensation if necessary.

Good luck.

 

[Dazz]

The only bridge between human emotion and legally enforceable contracts is cash.

They are mutually exclusive otherwise.

 

[Peterw]

Traci, you say that the tenants have signed the lease, have you ? Depending on the answer to that question, you may still have options. Under QLD legislation, there is provision for either party to apply for a termination of the lease, based upon "hardship" provisions, is that available in Vic. Sorry to hear of your situation, and I hope that the outcomes are good on both fronts.

 

[travelbug]

I think if the worse comes to the worse you could actually kick them out sooner than the end of their lease anyway. I'm pretty sure there is provision for owners to end a lease early if they need to move back into their property. I'd be talking to my PM (if you have one) about this possibility. Of course the tenants might be ok with giving up their lease anyway given the circumstances but if the PM gets even a whiff of trouble she might be able to issue a notice to vacate quickly. If that could work for you they would probably not bother to move in given that they might only get two months (or whatever notice is required where you are) before getting kicked out again. Just a thought.

Sorry to hear of the sad circumstances, no wonder you are stressed.

This info is incorrect. You cannot simply kick people out because you decide to move in. Nor can you end the lease early. The required notice takes effect AFTER the current lease has expired. There would be no point in having a contract (lease) if you can just change your mind.
The OP knows this, hence her dilemma.

As suggested above. I would approach the would be tenants (or do it through your agent) and explain your situation ASAP. If they only have a 6 month lease I'm sure they would rather not move in and have to move again in 6 months.
Good luck and sorry about your mum.