VIC Breaking Lease and Applying to VCAT?

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Mollis

Well-Known Member
20 July 2015
21
0
121
Good evening all.

I'm a landlord and have a tenant who was four months into a 12-month lease when she resigned from her existing job and took up a position on the other side of town and wanted to find a property closer to the new work location.

I advised her of the impact of doing this and she agreed and moved out the following weekend. She paid one month's rent and has now refused to pay any more rent and wants her bond back.

The property was originally advertised as a fully furnished for $400 p/w or $300 pw, unfurnished and she took the furnished option. After attempting to find a tenant herself she has now asked the original agent to list it.

There has been one potential applicant who wanted to let the property unfurnished but I have stated I wanted to hold out longer to secure a furnished let due to the money I would lose out on.

My questions are:

  1. Am I within my rights to want the property to be let in the same way (furnished) or do I have to take the first potential applicant, even if they wanted it unfurnished?
  2. She has made it clear she is not prepared to pay any more rent and I think my only recourse is to apply to VCAT but I did see some notes that the tenant should not pay rent until a new tenant has been found and signed a lease and they would then pay 'compensation' to the same amount....?
  3. She has insisted the bond should be returned as she is no longer in the property but my understanding is this continues to be held by the appropriate authorities until a new tenant is found.

Would be great to hear your thought on some of all of the above.

Thanks in advance as always
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,380
892
2,894
1. You have a duty to mitigate your losses.
2. You need to know your losses so you know what to ask for at VCAT
3. Hold bond and talk to your agent.