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VIC Breaking Rental Agreement - Pay until Someone Moves In?

Discussion in 'Property Law Forum' started by amanda.dyer, 24 November 2014.

  1. amanda.dyer

    amanda.dyer Member

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    Hi, we have signed a lease agreement last month for 12 months but we did not end up moving in that week due to lack of internet connection at the property. We agreed with the real estate agents at the time to pay half of the letting fee and rent until someone moves in. It has now been a month and I feel like they are playing us. is there any way out of this as they thought that we could get NBN connection as well but only ADSL1 is available there. every week I ask the agent if they have had any luck and he always says there is applicants but when I follow that up there is always an excuse as to why they did not apply in the end or change their minds. It is a new property with 4 bedrooms so I don't know why in a month it has not been leased, also on the add for the property as well the address is spelt wrong so I don't know if that plays a part.
     
  2. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi Amanda

    Before you signed the lease, did the agent represent to you that the property would be able to get an NBN connection?

    When you 'agreed' with the landlord to pay half rent, did they ever communicate that the lease would be disregarded or cancelled? Was this arrangement to pay half rent put in writing?

    The above are important questions to help understand whether you have a valid and enforceable lease agreement in place currently. If you do, then unfortunately you are liable to continue to pay the rent until the agent finds someone. The agent is under no obligation to try to find someone, though if you are only paying half rent currently then it would very much be in the agent's best interests to find a new tenant so I'm unsure how or why they would be playing you.

    Anna
     

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