Any real estates people here.?

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Keitzy

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I need to break my current lease and move into a new place thats bigger for all our kids to stay in. There currently in between the 2 houses (ex husbands) and ours which is making it really hard with the lockdowns.
The real estates saying well get penalties and incur any extra costs and have to continue to pay rent until its re leased.

Consumer affairs website is stating that the law was amended reguarding breaking of leases and we wont get penalised.

https://www.consumer.vic.gov.au/res...-disaster/coronavirus-covid19-and-your-rights

I cant get them on the phone as there not taking calls, and Im still waiting on a return email from them.

Anyone got any knowledge in this matter.?

Thanks
 
Evening Keitzy.

Im not anything to do with real estate and haven't rented in a long time but this is what I thought was the process.

If you are on a month by month arrangement then you just have to give a month's notice.

If you have signed a lease for a specific period then it is your responsibility to pay out that lease for its full period or until the agent/landlord can find a new leasee.

However, if you are able to 'hand over' the lease to another party (friend, cousin, brother, etc) and they are accepted by the agent/landlord as a worthy leasee then you are free to move on.

The link you put up relates to all the Covid, short term arrangements and I can't see in that the section relating to breaking a lease. If you can cut and paste the bit you were referring to that might help.

Most of the Covid stuff is about protecting the leasee from the landlord kicking you out because you can't pay the rent.

I hope that helps although I don't think it does much.

Hope it all works out for you :Y:
 
Northeast said:
Evening Keitzy.
Im not anything to do with real estate and haven't rented in a long time but this is what I thought was the process.
If you are on a month by month arrangement then you just have to give a month's notice.
If you have signed a lease for a specific period then it is your responsibility to pay out that lease for its full period or until the agent/landlord can find a new leasee.
However, if you are able to 'hand over' the lease to another party (friend, cousin, brother, etc) and they are accepted by the agent/landlord as a worthy leasee then you are free to move on.
The link you put up relates to all the Covid, short term arrangements and I can't see in that the section relating to breaking a lease. If you can cut and paste the bit you were referring to that might help.
Most of the Covid stuff is about protecting the leasee from the landlord kicking you out because you can't pay the rent.
I hope that helps although I don't think it does much.
Hope it all works out for you
Click to expand...

It's right there in black and white:
1588588143_tenancy.jpg


Unfortunately, the devil is in the details: "in some circumstances", which could mean anything.

Good luck, Keitzy.
 
Yeh, it was the in some circumstances part I was hoping someone could clarify for me.
 
Sorry Grubstake, I did see that but not the stuff not relating to the Covid details.

Keitzy, under the 'some circumstances' I can't see how any of it relates to your circumstances unless you have lost your job, etc.

Just had a bit of a peruse through the Residential tenancies act (dry reading!) and there are a few parts in there that are interesting. The highlighted bits are my words or the bits that seem to pertain to your issues.

https://content.legislation.vic.gov.au/sites/default/files/2020-04/97-109aa092 authorised.pdf

Part 6Termination Division 1Termination of residential tenancies Subdivision 1When can a tenancy agreement be terminated?

216 Termination of tenancy agreement Despite any Act or law to the contrary, a tenancy agreement does not terminate and must not be terminated except in accordance with this Division or Part 7 (this bit relates to possession orders) or 8 (relates to violence on certain premises).

217 Termination by agreement A tenancy agreement may be terminated by agreement of the landlord and tenant.

218 Termination by consent

A tenancy agreement terminates if the tenant vacates the rented premises with the consent of the landlord.
The consent, once given, is irrevocable.

What are the chances your landlord would agree or consent to you leaving early? It's unlikely but always worth asking.

219
(1) A tenancy agreement terminates if the landlord or the tenant gives a notice to vacate or a notice of intention to vacate the rented premises under this Division and
the tenant vacates the rented premises on or after the termination date specified in the notice; or (b) the tenancy agreement terminates in accordance with section 334 or 342 (these both relate to possession orders - so not your case).

However, then it says this.

236 Notice to have no effect in certain circumstances

A notice given under section 235 in respect of a fixed term tenancy agreement is of no effect

(a) if the agreement includes a provision enabling the landlord or the tenant to determine the agreement by notice (otherwise than on the grounds of a breach of the agreement) if

(i) the period after the giving of the notice and before the termination date specified in the notice is less than the period of notice required under that provision; or

(ii) the termination date specified in the notice is a date other than a date on which under that provision the agreement may be determined; or

(b) in any other case, if it specifies a termination date that is earlier than the end of the term of the tenancy agreement.

Worth asking if the landlord will let you out OR worth trying to find another renter to take over the agreement OR maybe seek some legal advice from someone verse in property law that can properly read the bloody Act. Minefields those things!
 
Unfortunately for you, you must honor the lease. Its there to protect you both.
Northeast has laid it it out fairly succinctly.
Most rentals do rent quickly and if you were to break the lease even under these circumstances and move on, it would remain your
obligation to pay the landlord out under the terms of the lease .
You would then hope for another tenant to appear quickly. I think the later would save you any grief and is your best bet.
Of course it all depends on whether your financials can handle short term losses.

This has been my experience less the covid addition to the equation. I wish you all the best and I am sure a humble approach to the landlord would see some movement to your advantage.. Good luck.

GT :awful: :8 :N:
 
Keitzy said:
Yeh, it was the in some circumstances part I was hoping someone could clarify for me.
Click to expand...

The applicable law, COVID-19 Omnibus (Emergency Measures) Act 2020, that is referred to up the page you linked, is available online here:
https://content.legislation.vic.gov.au/sites/default/files/2020-04/20-011aa authorised.pdf

I suggest you download a copy and look at Chapter 4, which deals with Residential Tenancies. If you have no prior legal expertise, you may find it heavy going, but these provisions are what will be used to determine whether or not your case comes within the terms of the new legislation.
 
Thanks for your help fellas. Hippys link was pretty much what I needed for clarification of it all.

Just gunna try get the real estate to ask the owner if hed be happy for 2 months rent in compensation for us wanting to leave and mutually agree to cancel the lease.
Its a 3br brick vernier, under $300 a week. Its real cheap for the area and ballarat. Im hoping it wouldnt take long for them to find someone else :/
 
I think thats a good tactic keitzy.
Also see if there is any vacant properties available at your current agent.. if you offer to take ine of their current vacancies and offer up a few months rent for moving out of you old one it then becomes a win win for estate agent and you with a little umforseen bonus for the agent. And if the property is a great deal as you say itmay also be easier to re rent for the agent than the possible vacancy you take off their hands (speculative).
Hope your offer to agent works out. I will have to wait for some ammendments that reflect some common sense in my case unfortunately... fingers crossed for that and being able to get out for a detect for this next 2 weeks for me. Haha
 
Oh, keep in mind the situation may change in your favour within the next week or two. Might be worth seeing how that pans out before you lay down your offer to agent.
If you are in a hurry it couldbe extra anmunituon for you also to be able to mention the rules will probably change to favour you more soon. So they probably would be best off accepting your offer now while theres something in it for them.
 
I have tenants in a rental.
I told them yesterday that I won't be renewing the lease in December.
Because they have been excellent tenants I told them anytime they find suitable digs, between now and December, they can go without penalty.
They were very happy and wanted a colder climate (Ballarat). They are off looking today.
Everyone happy except the real estate property manager.
 
I have a different situation. I have a 2BR unit for rent in Melbourne, but the agent is finding that several of those looking and possibly applying are out of work and relying on Govt hand-out to pay their bond and rent. But what happens if they are just trying to take advantage of the Govt hand-out to get themselves into good digs, then play hard-ball and don't use hand-out for rent, but as cash to spend. Does the rent assistance get managed by others or can the person use it as they see fit?

Having had a couple of VERY bad tenants in the past that cost me an arm and a leg, then a very good tenant for quite a few years, I would not like the place to become a pig-sty or badly wrecked again.

Rob P
 
Rob,

Rent assistance (and any additional covid payments) are paid into a bank account so its essentially cash, unless of course they are wards of the state, Ndis recipient etc.

Just stay the course and instruct your rental manager to ensure you have an employed applicant or at worst a recently unemployed applicant who has good prospects.

It would be great (based on the two above statements) if there was a proper rental information register that included all landlords and tenants and detailed information.

How much better would it be for both sides if you could access information such as how long and where renters rented, if any time they were in arrears, property condition reports after the renter left, Vcat appearances and solid former landlord referees.

On the tenants side it would be great to see average days taken to make repairs, how long theyve held the property, how long they have been with agents and how many tenants they have recommended to others, and solid renter referees.

Then good renters and good landlords could sleep at night knowing they made the best choices possible.

In one previous property we paid 6 months up front to rent a brand new home. The agents were finicky about every little thing including our large dog. About 3 months in we asked if we could get a small garden shed in the backyard. The owner came around to install and was the most wonderful guy who fell in love with our dog.

Turns out this was his 6th and newest rental. When we left he wrote a small summary that we were his best tenants in 10 years of owning rentals, and left the house as good as the day we moved in. Even gave the dog a reference. :Y: It was a sad day, I have never had such a great landlord and save the rental manager being an overbearing PITA until he intervened directly it was bliss.

Any way the point is it would be great if guys like him were rewarded with great tenants, and vice versa.

Our current owners here are woeful, hands down the worst Ive ever had, its criminal especially with the amount of rent we pay. If only there was some way we could have known in advance.
 
OldGT said:
Rob,

Rent assistance (and any additional covid payments) are paid into a bank account so its essentially cash, unless of course they are wards of the state, Ndis recipient etc.

Just stay the course and instruct your rental manager to ensure you have an employed applicant or at worst a recently unemployed applicant who has good prospects.

It would be great (based on the two above statements) if there was a proper rental information register that included all landlords and tenants and detailed information.

How much better would it be for both sides if you could access information such as how long and where renters rented, if any time they were in arrears, property condition reports after the renter left, Vcat appearances and solid former landlord referees.

On the tenants side it would be great to see average days taken to make repairs, how long theyve held the property, how long they have been with agents and how many tenants they have recommended to others, and solid renter referees.

Then good renters and good landlords could sleep at night knowing they made the best choices possible.

In one previous property we paid 6 months up front to rent a brand new home. The agents were finicky about every little thing including our large dog. About 3 months in we asked if we could get a small garden shed in the backyard. The owner came around to install and was the most wonderful guy who fell in love with our dog.

Turns out this was his 6th and newest rental. When we left he wrote a small summary that we were his best tenants in 10 years of owning rentals, and left the house as good as the day we moved in. Even gave the dog a reference. :Y: It was a sad day, I have never had such a great landlord and save the rental manager being an overbearing PITA until he intervened directly it was bliss.

Any way the point is it would be great if guys like him were rewarded with great tenants, and vice versa.

Our current owners here are woeful, hands down the worst Ive ever had, its criminal especially with the amount of rent we pay. If only there was some way we could have known in advance.
Click to expand...

Thanks OldGT, the agent is currently discouraging those without a solid financial background, but I am still a bit worried regarding what I'll end up with.

I was planning on selling the place, but the CovID19 situation has had a significant impact on the potential buyers, with several interested and in work, concerned regarding how they would cope if their financial position was to change. Even putting on the market has cost $$, so a bit of a lose, lose potential.

Whatever, I will have to take what comes and manage it.

Rob P.
 
Keitzy said:
Mid may they think hippy. Hopefully changes to help you sort your lease as well.
Just received this from consumer affairs ...
https://www.prospectingaustralia.co...6767_545c0cc5-b1b5-412b-a4a7-f262a99263c1.jpg
Click to expand...

Thats good to know thanks. Probably would have been better if the gov. had a bit of a better think before passing laws. I know it was an emergency situation, but it seems like they didnt think about that one any further than past their first thought that passing the law would prevent a, b& c from occuring.
 
Redfin said:
I have tenants in a rental.
I told them yesterday that I won't be renewing the lease in December.
Because they have been excellent tenants I told them anytime they find suitable digs, between now and December, they can go without penalty.
They were very happy and wanted a colder climate (Ballarat). They are off looking today.
Everyone happy except the real estate property manager.
Click to expand...

Its funny. A lot of the time it seem that the property manager can be as much of a problem as the majority of tenants these days. Due to no interest but the bottom line.
I know my propertys owner (only through repairs done), and would be much better to me if i was dealimg directly with them. 6 years into renting this property
 
PabloP said:
I have a different situation. I have a 2BR unit for rent in Melbourne, but the agent is finding that several of those looking and possibly applying are out of work and relying on Govt hand-out to pay their bond and rent. But what happens if they are just trying to take advantage of the Govt hand-out to get themselves into good digs, then play hard-ball and don't use hand-out for rent, but as cash to spend. Does the rent assistance get managed by others or can the person use it as they see fit?

Having had a couple of VERY bad tenants in the past that cost me an arm and a leg, then a very good tenant for quite a few years, I would not like the place to become a pig-sty or badly wrecked again.

Rob P
Click to expand...
I can understand your concern. I can say that being a good tenant has little to do with being unemployed or not. As an example, i moved into this place unemployed. I was unemployed here for nearly a year until i got settled in and got a job which i kept until recently due to covid. In that time i did have keep my rent paid first priority sometimes at the expense of eating well, etc.
In my work times at last jobs heard of co workers jumping properties and wrecking them. Even ones staying with friends and ripping them off for their kindness.
I will be hopefully moving out of this place into a new one with that tag of being unemployed. Yet i cant really even get a rental or work reference due to these real estate and work agencies dont really do that and are semi annoyed with you for breaking such a good deal theu had going with you, compared to what they may end up teplacing me with.
All i can go on when i apply for a new unit is my confidence and ability to communicate with a property manager. I just hope it might be a bit easier for me this time due to hopefully there will be a bit less competition for me this time. I really think property managers and labour hire agents should be a little more gratefull and give a help along in the way of a decent reference to any of their clients that are leaving their arrangement if they have been good tenants/employees instead of getting all ****** that i have screwed up their gravy train. Makes it hard for tenants and owners in selection processes. Tenant selection seems like a lucky dip scenario
 

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