caleb2003

Hello, we moved to Noosaville about 4 weeks ago and have had no end of trouble getting jobs done in our rental, little things like having no curtains and not having a pool gate that shuts properly (we have a 2 yr old child) as well as having smoke alarms that have been painted over.

These jobs remain outstanding as we've been fobbed off but the worst thing is that for the last 2 weeks the next door neighbour has started a full renovation of their house, they've ripped the whole thing out and are rebuilding the inside which means constant drilling, as I type on Good Friday at nearly 11am they are drilling and theyre right next to us.

So I want to break a lease but the RTA said on the phone it will be difficult and we would be unlikely to get back our bond and it would also go on our rental history.

Has anyone done this and did you get your bond back and able to rent again etc?

Bix

Hi Gill here (not that you know Bix and da boss)
Anyway, how long have you signed up for ie 6 or 12 months?

Getting repairs done - totally depends on how good your landlord is!
If you break a lease and are able to find someone to take it over - then you might be able to get your bond back. We experienced this with one of our rentals -we were the ones that took over the lease! That is an option. Approach your agent and see if they can help.

As for the 'neighbours' this is something you cld have to face anywhere! We have quite a few houses being built where we have just bought our first lovely hse, but hey - cld be worse! At least it should be short term! Its neighbours that let their dogs bark all day and night that worries me more! (we've been there and it aint nice)!!!

Anyway, hope this helps a little.

Have a good Easter:-)

Gill

cross

hiya there we too will be breaking our lease we have been in our rented house for 5 months but we are in the process of buying our own.what we were told were we had three options 1 we could pay the remainder of the lease.2 we could find our own tenant to take the lease over.or 3 the owners agent would find another tenant through advertising but we would have to pay all expenses and still pay the rent until another tenant was found we would probably get our bond back but by the time we have paid everything out we probably wouldnt have anything left anyhow.a small price to pay to get out of here i would say.hope this helps.cross

clan_campbell

Hi there,

we are likely to be breaking ours early too. I found the following site very useful
but I think its biased towards NSW.

http://www.tenants.org.au/factsheet/index.html

Best of luck

Neil

bridie

We broke two leases, first one we hated the area and 2nd one was to move into our own home which was finished earlier than expected.

Both times we had no problems getting new tenants in within a week so got back some rent (both times we paid up front to secure the property!) and our bond in full.

Unless the rental market is dead in your area I really dont see why it should be a problem. the only thing you may have to pay for is advertising as I know there is often a clause in the agreements that the outgoing tenant pays for this if they break the lease, but in our case we never got charged and we used two different real estate agents.

good luck

madsad

We broke a rental lease twice also,fee's apply which is usually 1weeks rent plus adverising costs,on the two occasions we broke our lease we had to pay just over $500 in those fees.not usually a problem with your agent finding a new tennant,people are crying out for rental property's at the mo.

You shouldnt have a problem getting your bond back either,stick ridgidly to the rules set out on your tennancy agreement for leaving the property,carpet cleaning,pest control etc..

Good Luck.
Donna.

caleb2003

Hello thanks for the replies, most saying I could probably pass the lease on, well normally speaking this would be easy and in this area they are in short supply, but in this case there is no way we could do it unless the people want to live with Pneumatic drills within 5 metres.
It is temporary but they are renovating the whole house, so this could take months, which when i've paid for a 6 month lease is going to be a complete waste, so much for the outdoor lifestyle.

We do have a neighbour who comes with their dog every month or so(using it as a holiday home) and that stays in the yard and I can understand that would be a pain if it was all the time but this sound is way beyond that, literally we need to wear earmuffs.

I really wanted to know if anyones gotten out of a lease through breach of contract ie. by the landlord not doing the jobs in reasonable time as this seems the only way for us if we want to salvage some money.

pumpkin blossom

Someone posted on here a while ago that the pool gate was a legal requirement and the landlord would be breaking the law if they didn't fix it.
Not sure how true that is though.
Good luck

Rosscarbery

I have no idea about australian law, but here you are definitely entitled to "quiet enjoyment" of your home! Is it possible that you could turn this on it's head and argue that landlord has broken the contract as what you signed up for it not what you have got? Things like the pool gate being a legal requirement would strengthen your case, and I am sure that working smoke alarms would be a legal safety requirement as well. Is there anything like Citizens Advice in Oz? If so, it would be worth a word.

Ozzidoc

Correct.

I'm an Aussie. The way I see it, the landlord/rental agency has broken the lease, NOT YOU.

In your shoes, I would formally write to them telling them that they have breached the contract - give them seven days to fix everything to your satisfaction, and that if it is not done then you will be leaving and seeking compensation for moving etc.

Dorothy

Wonder if this will work for us too. They certainly fixed our driveway in a hurry when I fell for the third time and rang to say next time I fell I would not be calling but my lawyer would instead. Strange how they found a guy to do the pavers the next day.
Similarly though we were promised screen doors for the sliding door in the laundry room and the lounge but 6 months on they are still here. It's now too bloody cold to use them anyway. Basically, all I want is to be able to move out so I can join my hub in Perth and not lose our shirts on breaking the lease here.

caleb2003

Looks like your right, I've found the RTA do a form for this giving 7 days notice so I'll hand this in to them tomorrow and hope they dont do the job.

I also found that it was illegal to do works on a public Holiday so they will get a fine if we report it but, even if we wanted to that nothing would happen until after Monday anyway as no-one is in the council offices!

walaj

at least in Nsw, you are not required to pay for professional carpet cleaning, even if it is stated in the contract. This is seen as an unfair term and is specifically mentioned as being so.

Also agree re pool gate - too many children drown in pools, and I know what it is like with a 2yo for being quick to run off.

working smoke alarm(s)- definately a requirement in nsw. actually for qld this comes into effect from 1/7/07 or now if build after 1/7/97 - http://www.rta.qld.gov.au/smoke_alarms.cfm

Ozzidoc

Happy to help when I can Fingers crossed for you. x

Wendy

My cousin has just moved from her rental in Tanunda, all she had to pay was $200 to get out of the lease. From speaking to my friend (who's a real estate agent) it's only if you break your lease within the first 3 months that it's going to be mega expensive.

If you really want to move honey, just speak to your agent and see what they say.

I'll let you know how much it's costing me in the next few weeks becuase I'm breaking mine!