Advice Re Breaking a Lease
#16
BE Forum Addict
Joined: Oct 2006
Location: Adelaide
Posts: 3,162
Re: Advice Re Breaking a Lease
Tickle, I read your long post before you deleted it, and I really think you need to have a good look at what you are doing.
As has already been said, you are breaking the law asking for more than 6 weeks rent upfront.
I also really don't understand why you asked the question on what could happen if you broke a lease when you have a contract? It should all be listed in the contract. BUT of course, you would need professional advice about if that contract is even valid if you are not registered in Oz as renting, and the contract was not signed in Oz.
Really, for your own sanity, find a rental agent, have them sort it all out for you, and be realistic. It is your responsibility to FIX things (not to get things added though) and you can't expect the person renting from you at the moment to keep paying indefinatly if there are people willing to rent just because you want to ask for an illigal amount of money upfront. As you saw from the first question you asked, it is pretty common for people to break their leases here, it is very different from in the UK.
If you force these people to take you to the tribunal you could be in a hell of a lot of trouble if you are not registered etc.
And really, just because someone has asked a perfectly resonable question, it doesn't mean it has got personal (from someone who only speaks to two English people in Adelaide- one being hubbie, so really has nothing to do with whoever you are renting to).
As has already been said, you are breaking the law asking for more than 6 weeks rent upfront.
I also really don't understand why you asked the question on what could happen if you broke a lease when you have a contract? It should all be listed in the contract. BUT of course, you would need professional advice about if that contract is even valid if you are not registered in Oz as renting, and the contract was not signed in Oz.
Really, for your own sanity, find a rental agent, have them sort it all out for you, and be realistic. It is your responsibility to FIX things (not to get things added though) and you can't expect the person renting from you at the moment to keep paying indefinatly if there are people willing to rent just because you want to ask for an illigal amount of money upfront. As you saw from the first question you asked, it is pretty common for people to break their leases here, it is very different from in the UK.
If you force these people to take you to the tribunal you could be in a hell of a lot of trouble if you are not registered etc.
And really, just because someone has asked a perfectly resonable question, it doesn't mean it has got personal (from someone who only speaks to two English people in Adelaide- one being hubbie, so really has nothing to do with whoever you are renting to).
#18
Just Joined
Joined: Apr 2007
Posts: 12
Re: Advice Re Breaking a Lease
Tickle, I read your long post before you deleted it, and I really think you need to have a good look at what you are doing.
As has already been said, you are breaking the law asking for more than 6 weeks rent upfront.
I also really don't understand why you asked the question on what could happen if you broke a lease when you have a contract? It should all be listed in the contract. BUT of course, you would need professional advice about if that contract is even valid if you are not registered in Oz as renting, and the contract was not signed in Oz.
Really, for your own sanity, find a rental agent, have them sort it all out for you, and be realistic. It is your responsibility to FIX things (not to get things added though) and you can't expect the person renting from you at the moment to keep paying indefinatly if there are people willing to rent just because you want to ask for an illigal amount of money upfront. As you saw from the first question you asked, it is pretty common for people to break their leases here, it is very different from in the UK.
If you force these people to take you to the tribunal you could be in a hell of a lot of trouble if you are not registered etc.
And really, just because someone has asked a perfectly resonable question, it doesn't mean it has got personal (from someone who only speaks to two English people in Adelaide- one being hubbie, so really has nothing to do with whoever you are renting to).
As has already been said, you are breaking the law asking for more than 6 weeks rent upfront.
I also really don't understand why you asked the question on what could happen if you broke a lease when you have a contract? It should all be listed in the contract. BUT of course, you would need professional advice about if that contract is even valid if you are not registered in Oz as renting, and the contract was not signed in Oz.
Really, for your own sanity, find a rental agent, have them sort it all out for you, and be realistic. It is your responsibility to FIX things (not to get things added though) and you can't expect the person renting from you at the moment to keep paying indefinatly if there are people willing to rent just because you want to ask for an illigal amount of money upfront. As you saw from the first question you asked, it is pretty common for people to break their leases here, it is very different from in the UK.
If you force these people to take you to the tribunal you could be in a hell of a lot of trouble if you are not registered etc.
And really, just because someone has asked a perfectly resonable question, it doesn't mean it has got personal (from someone who only speaks to two English people in Adelaide- one being hubbie, so really has nothing to do with whoever you are renting to).
Kimberley
#19
BE Forum Addict
Joined: Oct 2006
Location: Adelaide
Posts: 3,162
Re: Advice Re Breaking a Lease
I definatly think you are doing the right thing. Let the agent earn their money and do all the worrying for you. They should also get you another set of keys cut, as they all seem to have an office set.
Like I said, rentals are being snapped up here, so unless you are asking silly prices in the first place you should easily be able to get the cost of the agent back.
By the way, how did you manage to buy a house from the UK? Just wondering, I had thought you had to be in Oz. Good luck with your house sale in the UK, there is nothing worse than being stuck somewhere you don;t want to be.
Like I said, rentals are being snapped up here, so unless you are asking silly prices in the first place you should easily be able to get the cost of the agent back.
By the way, how did you manage to buy a house from the UK? Just wondering, I had thought you had to be in Oz. Good luck with your house sale in the UK, there is nothing worse than being stuck somewhere you don;t want to be.
#20
Re: Advice Re Breaking a Lease
Tax is July here anyway, the keys were posted last week by recorded delivery to a named contact here in OZ at the owners request.
These people who have replied are not my friends as such - yes i know some of their names but know none of them personally.
I have asked a general question - with no names involved.
But on this note did you claim the first time home buyers grant? As you actually have to live in the house for the first year if you did? And interest rates are completely different for investment properties than own home properties.
The house, although your eventual home as it has been rented out, legally or illegally under australian law is classed as an investment property.
I genuinely just wanted advice for my friends as to where they stand, im sorry that this has now got dirty laundry aired.
These people who have replied are not my friends as such - yes i know some of their names but know none of them personally.
I have asked a general question - with no names involved.
But on this note did you claim the first time home buyers grant? As you actually have to live in the house for the first year if you did? And interest rates are completely different for investment properties than own home properties.
The house, although your eventual home as it has been rented out, legally or illegally under australian law is classed as an investment property.
I genuinely just wanted advice for my friends as to where they stand, im sorry that this has now got dirty laundry aired.
#21
Just Joined
Joined: Apr 2007
Posts: 12
Re: Advice Re Breaking a Lease
I definatly think you are doing the right thing. Let the agent earn their money and do all the worrying for you. They should also get you another set of keys cut, as they all seem to have an office set.
Like I said, rentals are being snapped up here, so unless you are asking silly prices in the first place you should easily be able to get the cost of the agent back.
By the way, how did you manage to buy a house from the UK? Just wondering, I had thought you had to be in Oz. Good luck with your house sale in the UK, there is nothing worse than being stuck somewhere you don;t want to be.
Like I said, rentals are being snapped up here, so unless you are asking silly prices in the first place you should easily be able to get the cost of the agent back.
By the way, how did you manage to buy a house from the UK? Just wondering, I had thought you had to be in Oz. Good luck with your house sale in the UK, there is nothing worse than being stuck somewhere you don;t want to be.
Kimberley
#22
Joined: Sep 2005
Posts: 23,400
Re: Advice Re Breaking a Lease
Tax is July here anyway, the keys were posted last week by recorded delivery to a named contact here in OZ at the owners request.
These people who have replied are not my friends as such - yes i know some of their names but know none of them personally.
I have asked a general question - with no names involved.
But on this note did you claim the first time home buyers grant? As you actually have to live in the house for the first year if you did? And interest rates are completely different for investment properties than own home properties.
The house, although your eventual home as it has been rented out, legally or illegally under australian law is classed as an investment property.
I genuinely just wanted advice for my friends as to where they stand, im sorry that this has now got dirty laundry aired.
These people who have replied are not my friends as such - yes i know some of their names but know none of them personally.
I have asked a general question - with no names involved.
But on this note did you claim the first time home buyers grant? As you actually have to live in the house for the first year if you did? And interest rates are completely different for investment properties than own home properties.
The house, although your eventual home as it has been rented out, legally or illegally under australian law is classed as an investment property.
I genuinely just wanted advice for my friends as to where they stand, im sorry that this has now got dirty laundry aired.
#23
Just Joined
Joined: Apr 2007
Posts: 12
Re: Advice Re Breaking a Lease
Tax is July here anyway, the keys were posted last week by recorded delivery to a named contact here in OZ at the owners request.
These people who have replied are not my friends as such - yes i know some of their names but know none of them personally.
I have asked a general question - with no names involved.
But on this note did you claim the first time home buyers grant? As you actually have to live in the house for the first year if you did? And interest rates are completely different for investment properties than own home properties.
The house, although your eventual home as it has been rented out, legally or illegally under australian law is classed as an investment property.
I genuinely just wanted advice for my friends as to where they stand, im sorry that this has now got dirty laundry aired.
These people who have replied are not my friends as such - yes i know some of their names but know none of them personally.
I have asked a general question - with no names involved.
But on this note did you claim the first time home buyers grant? As you actually have to live in the house for the first year if you did? And interest rates are completely different for investment properties than own home properties.
The house, although your eventual home as it has been rented out, legally or illegally under australian law is classed as an investment property.
I genuinely just wanted advice for my friends as to where they stand, im sorry that this has now got dirty laundry aired.
kimberely
#24
BE Forum Addict
Joined: Oct 2006
Location: Adelaide
Posts: 3,162
Re: Advice Re Breaking a Lease
Our house is through Brock Harcorts, and from a renters point of view they are terrible, don't respond etc, but they certainly have tight contacts. Sort out all the rent, bond etc.
#25
Re: Advice Re Breaking a Lease
I named NO names, the owner ID'ed herself, i generalised the questions as to what were the families rights, its hard work emigrating and its really hard without internet/phone etc and its even harder if your having unfair money claims made against you....
i didnt know the owner used this site, which is why i asked on here not PIA, i asked for clarification on what is right!
I recommended Hookers and Carbones agents to the family, which they have mentioned to the owner, as we found both to be very helpful.
#26
Re: Advice Re Breaking a Lease
not sure what deleted post said, but blimey!!! Ive met kats , and shes not got a spiteful bone in her body. Dont know any history and assumed it was an aussie trying to do one over on someone.
As a landlord tickle you have responsibilities and no matter how you fluff it up youve stuffed up big time...sorry but being straight here with you. Wherever your letting your home out be it uk aus or afganistan your tenants have rights and even if your skint you need to appreciate that before you let your property!
As a landlord tickle you have responsibilities and no matter how you fluff it up youve stuffed up big time...sorry but being straight here with you. Wherever your letting your home out be it uk aus or afganistan your tenants have rights and even if your skint you need to appreciate that before you let your property!
#27
Re: Advice Re Breaking a Lease
Also I cant understand what you're problem is, they have found a new tenant for your property and as a landlord you are responsible for the cooker and the aerial and if there is no phone line to the property at all then that too. Would you live in a house without it or pay for something like that to be done if you were renting. This all seems a bit petty to me. The OP didnt mention any names and no one would have been any the wiser apart from maybe a couple of people who know the OP but 99.9% wouldnt have had a clue me included and still dont have a clue who you are or who the OP is (just know her call sign). She asked a valid question with good reason to be concerned. I have rented out my UK property from Aus so I understand the pressures of not being in control but screaming and shouting and making demands isnt the right way to go. You should look after your tennants and they will look after you. Good tennants are hard to find if you have some treat them well. Bad ones wont give a toss and screw you over.
Jo
Jo
Last edited by joho; Sep 13th 2008 at 7:20 am. Reason: add more
#28
Just Joined
Joined: Apr 2007
Posts: 12
Re: Advice Re Breaking a Lease
Tickle you wont be able to get the grant full stop as you already own a property in Oz and therefore will not be a 1st time buyer.
I have rented out my UK property from Aus so I understand the pressures of not being in control but screaming and shouting and making demands isnt the right way to go. You should look after your tennants and they will look after you. Good tennants are hard to find if you have some treat them well. Bad ones wont give a toss and screw you over.
Jo
Jo
I have rented out my UK property from Aus so I understand the pressures of not being in control but screaming and shouting and making demands isnt the right way to go. You should look after your tennants and they will look after you. Good tennants are hard to find if you have some treat them well. Bad ones wont give a toss and screw you over.
Jo
Jo
Its turning in a he said /she said and it shouldnt. No body knows whats gone on but the tennants and us ( all of there new friends and you guys know bits)
I assure you there is more to this story. I havent posted accusing anyone. Im not and havent said they are bad tennants. We are not strangers neogotiating we thought they were our friends living in our house, helping us out like we were helping them out. We didnt take a bond we trusted them. We give them a week free at first as they were staying in rental that was furnished. This could of covered phone line.
The cooker situation again we thought friends in our house and asked could ?? fix it they said no he didnt want to break it further (fair enough I have a handy hubby i just expected he was the same we said could you get some quotes and they said yes. We said get it fixed and we will deducted it from the rent is this okay yes. The first we knew otherwise was the email they left the property a week later as yet we wait the keys. we didnt ask the keys to returned by mail at all.
This is a no win situation for us all. We have fallen out, a friendship lost. Over crap communications on both our parts a telephone and a T.V aerial.
I believe if my broker whom we dealt with knows his stuff as long as we live in property before the 1st year elaspes ( within 12 months of purchase) We can apply for the grant. We havent applied yet.
#29
Re: Advice Re Breaking a Lease
Calm down, its only an expression. You are gonna make yourself ill. You are right there is always 2 sides 2 every story but If it had of been me I wouldn't have posted anything and watched the thread from the outside. No one would have been the wiser.
Jo
Jo
#30
Just Joined
Joined: Aug 2008
Posts: 19
Re: Advice Re Breaking a Lease
Joho, I do not believe it is the responsibility of the owner to install an aerial and telephone line. It is up to the tenant if they rented the property without those 2 things already in situ....they accepted the house without them so...!
As for Tickle, I think your broker may have told you a tall tale regarding the First Home Buyers grant. A friend of mine has just been to apply and he has been told that they have to live in the house for the first 12 months and ca not rent the property out at all in those 12 months therefore I think you will get rejected on that point alone....
As for Tickle, I think your broker may have told you a tall tale regarding the First Home Buyers grant. A friend of mine has just been to apply and he has been told that they have to live in the house for the first 12 months and ca not rent the property out at all in those 12 months therefore I think you will get rejected on that point alone....