Hi All,
Would like to find out what Clause 36 Termination means :
the tenant gives a notice of intention to leave the premises to the lessor and hands over vacant possession of the premises to the lessor on or after the handover day for the premises
Let say if i have renewed a lease of 12months. Half way through the lease, i bought my own apartment and decided to break the lease.
1.) do i need to serve 4 weeks notice?
2.) does my bond of 4 weeks get forfeited because of lease broken?
3.) any extra penalty charges?Pardon me for asking, because Clause 36 looks vague to me.
Cheers
NitWhich state and which version of the RTA and what is the rest of the clause?
But generally, if you are currently under lease then you have obligations for the term of the lease (until such time that you are able to get a new tenant, if there is a shortfall in rent, you pick that up).
I'm in victoria and I broke a lease just over 12 months ago. We were 6 months into a 12 month lease. Anyway emotion aside – we had to advise the agent that we were breaking the lease via mail, giving one months notice. The onus is on the agent to activately seek a new tenant an must demonstrate this (eg. ad on realestate.com.au). We had to pay a couple of fees, something along the lines of 1 week rent and cost of advertising fee. Hope that helps consumer affairs website is a good reference.
Scott No Mates wrote:Which state and which version of the RTA and what is the rest of the clause?But generally, if you are currently under lease then you have obligations for the term of the lease (until such time that you are able to get a new tenant, if there is a shortfall in rent, you pick that up).
Thanks your your post, mate.
Currently renting in Brisbane/ QLD. Rest of the clause as follows:
RTA Form 18A, General Tenancy Agreement – Residential Tenancies Act 1994 – Clause 36 Termination
This agreement terminates only if –
a. the tenant and the lessor agree in writing; or
b. the lessor gives a notice to leave the premises to the tenant and the tenant hands over vacant possession of the premises to
the lessor on or after the handover day for the premises; or
c. the tenant gives a notiec of intention to leave the premises to the lessor and hands over vacant possession of the premises to the lessor on or after the handover day for the premises; or
d. a tribunal makes and order terminating this agreement; or
e. the tenant abandons the premises.Nitro, the catch is item a) THE TENANT AND THE LESSOR AGREE IN WRITING.
That is, you may be lucky and the owner will agree to terminate however it would be more likely that they will agree when you to pay all costs up to an including a new tenant taking possession (includes lease prep, adverts, inspections and agent commission etc).
Scott No Mates wrote:Nitro, the catch is item a) THE TENANT AND THE LESSOR AGREE IN WRITING.That is, you may be lucky and the owner will agree to terminate however it would be more likely that they will agree when you to pay all costs up to an including a new tenant taking possession (includes lease prep, adverts, inspections and agent commission etc).
Thanks Scott for your prompt reply.
Any idea what is the rough estimation for "lease prep, adverts, inspections and agent commission"?
I have seen tenants (breaking lease) doing their own advertising for open hse inspection on realestate.com.au.
Cheers
NitFound this on google
Ending a tenancy
How to end your tenancy agreement with the lessor/agent depends on what type of tenancy agreement you currently have. For a fixed term tenancy, you are bound by the terms until the tenancy ends. You are required to give 14 days notice on or before the date the tenancy ends on the approved Form 13 (Notice of Intention to Leave). The lessor/agent is required to do the same, using a Form 12 (Notice to Leave). However if the tenant wishes to end the tenancy earlier, commonly referred to as a 'break lease' situation, they may be required to pay rent up until the lease ends or when a suitable replacement tenant is found, whichever comes first.
Nitro, lease prep is normally a shared cost & it is regulated by office of fair trading (NSW) – you are acting as the sub-lessor, so you would pay around $15 + 2x $1.50 gst (government logic is that the tenant shouldn't be liable for the gst so you would pay it for both parties). Advertising – depends where & how often but expect at least $70/advert (probably about $200/week) and agent will take 1 week's rent as letting fee.
You must be logged in to reply to this topic. If you don't have an account, you can register here.
