garyp

Just looking for some advice from others who may have been in same situation as myself as I feel I am getting ripped off.
As I am returning to the UK from Queensland Australia I broke my tenancy agreement early. I payed the agreed fees for breaking it which is a weeks rent and advertising fees and also a new tenant has been found by the agent.
I pay rent in advance on a Friday and I am vacating the property on the following Thursday 11th November. The agent is allowing a week before the new tenant moves in on the following Thursday 18th and is doing an inspection the day after I vacate on Friday 12th. They still want me to pay a weeks rent for when the property is empty as they allow a week for inspection even though that will probably take a day if that. Is this right as I feel they are pulling a fast one especially having already payed $480 for breaking it?

LisaP

I don't think I would pay it. If they want the money, let them come after you for it.

alipally

the problem is that they have a deposit and they will just take it out of that....

Welsh Heart

Dont you just love realtors.

LisaP

Ah well then, you don't have a lot of choice.

Genesis

Are they allowed to do this? Does the contract signed by you agree to the terms that the tenant will pay the week betwixt leaving and the new tenant entering? If so you pay. My point is did you agree to this or not when you signed. And if they are having you over what could you do anyway if they have your bond from which to deduct it??

Mummy in the foothills

If you pay up what are the chances they'll return the deposit?
Many times they try to keep that too.
I'd cut my loses and go. They can take the rent out of the deposit and send you the rest right? Chances are you'll never see a penny of any of it.

postman62

We had a problem with a lease in Canada. We signed a lease on a month to month basis and decided to move on after 4 months. The landlord, who turned out to be a really nasty piece of work, said we had signed a 12 month lease which we hadn't, we made it clear from the start that we wanted a month to month basis because we were new to Canada and were looking for an area to settle. He threatened to go into the property when we were out and remove all our things, but didn't because he was scared of our dog. We knew we wouldn't get our deposit back so didn't pay the last months rent, which made him get even nastier, but I'm glad we didn't pay it because we never did get the deposit back.

garyp

Apparently they can do that when I checked with RTA who hold my bond of $1640. I was suppose to be in a lease that ran to April 2011 so coz I broke it early I still have to pay rent right up to when new tenant moves in, even though I will not be living in it last week. Made a decision today I am not paying last 3 weeks of rent and they can take $1230 out of my bond and I will kiss good by to the rest of the bond as there is no guarantee they will pay it all back after I left the country. I got other things to worry about like where am I going to live when I get back to UK.

chocciecake

they don't hold the bond though.
it will be lodged with the 3rd party bond board, so they have no say about whether or not you get it back.
IF the agent has a legal claim to some or all of it, they can apply to the bond board for x amount, and the rest will be returned to you.
if the claim they make is unjust, then you can dispute it with the bond board and they will rule and return the monies to the rightful party.
that is the beauty of it being held by a 3rd party.
i know, the typical lease in nsw at least, says you are able to break the lease, but may be required to pay advertising costs, drawing up of a new lease, and any lost rent until a new tenant moves in.
we just took over someone elses breaklease here, and moved in 2 weeks after they moved out, as that is when it suited us, so i imagine those poor tenants had to pay the gap of $1300 for the fortnight.

Louise M

I doubt very much if they have any intention of giving you back your bond money. It is common practice here for the Agents to keep it. They will minutely inspect the premises and make excuses unless you put on your entry inspection form that the house was dirty or similar. I took my last agent to court and won only because the judge said that this was common practice and it had to stop. Personally, I wouldnt pay it and just accept that you may not get your bond back. Sorry.....

brits1

Can you not leave instead on the week you are paying...say the Tuesday before the 11th....that should then give the agent time to do the inspection in that week....be really on their case...ie go into their premises and inform them face to face that this is enough time for them to do the inspection...we did this and eventually got the agent to do the inspection on the Friday....keys were handed over and a new tennant moved in a week later...the rental was vacant for that week but that was not my problem then....the agent should of moved faster.....good luck...

chocciecake

really, the agent should do the inspection on the last day of your habitation, and you should be present for the inspection, so they don't pull a swifty!

thats said, as i mentioned earlier if it is a situation of a BREAKLEASE you are obligated to pay the rent until the date the new tenants move in, even if that is weeks/months later...you have broken a legal agreement for rent due that period, so the landlord is covered so he is not out of pocket because you decided to move out early.

shorrock

This is where the issue is. Since you are breaking a lease, you are up for the costs to get a new tenant in which may include rent for when nobody is living there. If the tenant isn't moving in for a week or two after you leave, then you are up to cover the rent for that time. If you were not breaking the lease you would have paid the agent/landlord this money.

If you can get in writting that the agent/landlord is ok with you leaving on the date you want and they are leaving it a week before the new tenant arrive. You may have a case not to pay the rent for that week. However the agent will dispute your bond and then your need to go to tribune and show your paperwork that this was all agreed upfront.

Sure you may think it's unfair, but do you think the agent/landlord should pay for you breaking the lease. I'm sure if they have a loan on the place the bank won't cut them a deal because you are breaking the lease.

You could also try to get the tenant in earlier.

Alternativley you could stop paying your rent at the point your deposit will cover it.e.g if you paid 4 weeks deposit, stop paying rent 4 weeks before you leave. Sure you'll get letters and calls from the agent, but by the time they throw you out you will have gone. They can use the deposit as coverage for rent. While you will still be stiffing the agent/landlord for the weeks rent, you won't have to argue to get your deposit back.

Bailey1

Yes, you can stop paying rent and have the agent take this rent from the bond however there is legislation, in WA at least and I'm sure in all other states also, that says that the tenant can be fined $10,000 for allowing this to happen. This fine can be applied by a government department.

I'm sure it is annoying to think that you have to pay rent while you are not living at the property however think about this from the owners point of view..you signed a lease for a fixed term and then decide to leave early..is that fair that he / she should pay for you not to keep your end of the contract?

If you were the owner of the property would you be happy if the tenants left early and didn't pay what is due?