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-   -   never break lease! (https://britishexpats.com/forum/barbie-92/never-break-lease-548247/)

townies5 Jul 11th 2008 12:46 am

never break lease!
 
Why did i think real estate agents over here were anymore trustworthy than in the uk? we have broken lease to buy a house, and was assured by the agent that rentals are impossible to come by, so we'll have no probs re letting.

doh! one week until we move and we still haven't found anybody. it's in the newspapers, internet etc. We have since heard that due to the huge amount of houses not sold, that they have now flooded the rental market with them. Is anyone else struggling to re let?

I am now not sleeping at the thought of paying a huge new mortgage, plus the rent until someone takes over our lease.

never believe what the agents say!!!!!!!!!!!!!!!!

bridie Jul 11th 2008 1:09 am

Re: never break lease!
 
no, never believe what agents say.... rule number one in 99% of cases I'm afraid... they'll say anything to get you to do stuff!!!

BUT you seem to have been unlucky, I know we broke two leases and had no problems at all either time

Good luck, you've still got time

Centurion Jul 11th 2008 5:36 am

Re: never break lease!
 
real es-tate a-gent
noun

a person who sells and rents out buildings and land for clients and would gladly sell thier own mother to achieve this. Believed to have evolved from pond scum initially, however the scum proved to be more trustworthy and pleasant for humans to interact with and quickly became a higher form of species than the agents.

DERIVATIVES
real estate agency noun
wanker noun
low life liar noun

busterboy Jul 11th 2008 5:47 am

Re: never break lease!
 

Originally Posted by Centurion (Post 6559233)
real es-tate a-gent
noun

a person who sells and rents out buildings and land for clients and would gladly sell thier own mother to achieve this. Believed to have evolved from pond scum initially, however the scum proved to be more trustworthy and pleasant for humans to interact with and quickly became a higher form of species than the agents.

DERIVATIVES
real estate agency noun
wanker noun
low life liar noun


I like you more and more.

townies5 Jul 12th 2008 2:43 pm

Re: never break lease!
 
i am really getting desperate to re lease now. the house is a 4 x 2 in tapping, joondalup (north perth). i have put more details in the classified if anyone is interested or pm me please!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Sally Simpson Jul 12th 2008 4:23 pm

Re: never break lease!
 

Originally Posted by Centurion (Post 6559233)
real es-tate a-gent
noun

a person who sells and rents out buildings and land for clients and would gladly sell thier own mother to achieve this. Believed to have evolved from pond scum initially, however the scum proved to be more trustworthy and pleasant for humans to interact with and quickly became a higher form of species than the agents.

DERIVATIVES
real estate agency noun
wanker noun
low life liar noun

:rofl: K given for that!


Originally Posted by townies5 (Post 6564033)
i am really getting desperate to re lease now. the house is a 4 x 2 in tapping, joondalup (north perth). i have put more details in the classified if anyone is interested or pm me please!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Sorry I can't help but do wish you luck:thumbsup:

townies5 Jul 13th 2008 1:06 am

Re: never break lease!
 

Originally Posted by sallyclaire (Post 6564322)
:rofl: K given for that!



Sorry I can't help but do wish you luck:thumbsup:

thanks for that, keep your fingers crossed!

I think centurion had it spot on :)

Weird Fish Jul 13th 2008 1:31 am

Re: never break lease!
 
I don't think the ramifications are as bad as you might think. There was a discussion on another Aussie expat forum where someone was taken to a tribunal for breaking their lease. If you give notice, show that you have advertised and helped to look for another tenant, the landlord/agent has also done their best to advertise and look etc you are not likely to incur the full rental charges, in fact the people that we know ended up paying no more than a couple of months on the remaining 9 months. The VCAT tribunal told them that just because the contract says 1 year rental, it doesn't mean it is totally legal, also if any part of their contract is even remotely unsound, the entire contract is inadmissable, as was the case in this instance.

My memory isn't fantastic, but if you look for the thread it might help.

townies5 Jul 13th 2008 1:47 am

Re: never break lease!
 

Originally Posted by Weird Fish (Post 6565356)
I don't think the ramifications are as bad as you might think. There was a discussion on another Aussie expat forum where someone was taken to a tribunal for breaking their lease. If you give notice, show that you have advertised and helped to look for another tenant, the landlord/agent has also done their best to advertise and look etc you are not likely to incur the full rental charges, in fact the people that we know ended up paying no more than a couple of months on the remaining 9 months. The VCAT tribunal told them that just because the contract says 1 year rental, it doesn't mean it is totally legal, also if any part of their contract is even remotely unsound, the entire contract is inadmissable, as was the case in this instance.

My memory isn't fantastic, but if you look for the thread it might help.

thanks for that. i will have a search through for that thread. i had another sleepless night last night just thinking about losing my new house before i have even settled into it!

mr mover Jul 13th 2008 11:22 am

Re: never break lease!
 
Alot of the agents here will not let to immo,s as they are notorious for breaking leases..............;)mm

nickyjohnt Jul 13th 2008 12:27 pm

Re: never break lease!
 

Originally Posted by mr mover (Post 6566144)
Alot of the agents here will not let to immo,s as they are notorious for breaking leases..............;)mm

Well IMO they love it, more commission for them, no need to pay advertising fees and they still get their money eitherway, when we broke our lease the agent was more than happy...........;)

John

biggy Jul 13th 2008 1:22 pm

Re: never break lease!
 

Originally Posted by townies5 (Post 6558793)
Why did i think real estate agents over here were anymore trustworthy than in the uk? we have broken lease to buy a house, and was assured by the agent that rentals are impossible to come by, so we'll have no probs re letting.

doh! one week until we move and we still haven't found anybody. it's in the newspapers, internet etc. We have since heard that due to the huge amount of houses not sold, that they have now flooded the rental market with them. Is anyone else struggling to re let?

I am now not sleeping at the thought of paying a huge new mortgage, plus the rent until someone takes over our lease.

never believe what the agents say!!!!!!!!!!!!!!!!

I can understand your frustration however you need to remember YOU have broken the lease....therefore you are liable for the rent for that time. So basically get over it

townies5 Jul 14th 2008 12:58 am

Re: never break lease!
 

Originally Posted by biggy (Post 6566366)
I can understand your frustration however you need to remember YOU have broken the lease....therefore you are liable for the rent for that time. So basically get over it

I am well aware that WE have broken lease. Hence the title being about lease break and not about the crap that estate agents tell you.

DunRoaminTheUK Jul 14th 2008 1:56 am

Re: never break lease!
 

Originally Posted by Centurion (Post 6559233)
DERIVATIVES
real estate agency noun
wanker noun
low life liar noun

That's putting it mildly.

bigAPE Jul 14th 2008 2:17 am

Re: never break lease!
 

Originally Posted by biggy (Post 6566366)
YOU have broken the lease....therefore you are liable for the rent for that time.

Within reason. Terms of severance have to be realistic and both parties have to have shown intent and practice during the seperation. It's far from an automatic "tenant breaks 12 month lease after 3 month = they owe you 9 months rent", If they provide you with a full months notice, advertise themselves and help provide viable leads to the management company then you will find that the tribunal will find the tenant only be liable for a month or so additional rent at max and you would not be able to keep their security deposit unless they have caused damage to the property.

Even then, I have heard horror stories from Landlord we know in Victoria who have been screwed by tenants who have all but demolished their property and have got back squat in return even after court. Getting "due" rent for prematurly ending a lease is low on the scale of what these tribunals deal with.

Remember contracts are a paper agreement that defines a practice and regardless of what was agreed on paper if the practice differs or is deemed unjust by a court/tribunal then the lease will have less input into preceedings or at worst be dismissed, as we have heard happen.

Al


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