Shifting Rental Property - One person breaking lease

[norwoodman]

Hi all,

I am having a few issues at the moment that are preventing me from getting a person who is interested in joining our household (rented with 2 people currently, can hold 4 people) from doing so due to issues at her current residential address with another tenant - which is the reason she is planning to move out.

Both her and her housemate are listed as tenants on the lease at their property. However, her housemate has told her that she is against removing her name from the lease.

Both the property she is currently a tenant of and the property I am currently in are located in Gladstone, Queensland.

I have notified the potential housemate that she can fill out Form 13 under the Residential Tenancies Act and submit it to her landlord/agent provided that she gives 14 days notice and continues to pay her rent during this period even if she decides to move out before then. Her lease is currently approaching the end of a 6 month fixed term and I understand she may still have to pay rent while a replacement tenant is found (the other housemate is planning to stay). Is there anything else that could technically stop her from leaving?

 

[DistinctPM]

Hi Norwoodman,

I think you have covered it. The outgoing tenant must continue to pay rent until a suitable replacement tenant is found, regardless of the term of the lease, unless all parties are vacating at the end of the fixed term. The outgoing tenant may still be liable to contribute to any repairs etc that are required. Generally I recommend requesting an inspection when there is a change in Tenants so it is clear who is responsible for what at the time of the change over and this can be sorted before the Bond (assuming there is one) is transferred between the incoming and outgoing tenants.

I hope this information is useful.
www.distinctpm.com.au

 

[mattysavager]

Norwoodman.

Unfortunately the advice about the Form 13 is not correct.

Your new tenant and the old tenant must both sign a form 13 and give it to the current agent, and both agree to move out. If the remaining housemate refuses to move out and refuses to sigh the form 13 (say that he wants to stay at the property and find a new tenant to share with) then your tenant is absolutely powerless.

Your new tenant must pay rent at that property until the lease ends, or until the old tenant allows your to be removed from the lease. You said in the original post that the other housemate is refusing to let your tenant off the lease. In this instance, your tenant can just leave the property and stop paying rent illegally, but then the old tenant may sue them, and they will likely be listed on TICA for rent arrears. They will also not get any bond back.

Alternatively, the old managing agent may send both tenants a form 12 notice to leave, which would mean both would have to vacate without any option to stay.

Unless your tenant can work things out and come to an agreement with the old housemate in writing, there is no way out. That's the risk you run when you sign a lease with another person.