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Broke Fixed Term Lease - Agent Demanding Rent

Discussion in 'Property Law Forum' started by mike collins, 24 May 2014.

  1. mike collins

    mike collins Member

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    Hello,
    Can anyone help me with a property law issue with my real estate agent. I have had to break a fixed term lease 6 which i have already moved out. My agent is demanding I pay rent now and is no longer advertising for a new tenant to take over the lease due to renovations i have not caused property damage but they are demanding rent am i liable to pay rent when they are not advertising or renovation costs.

    Any assistance would be gratefully appreciated. Thank you
     
  2. Worldly1

    Worldly1 Well-Known Member

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    Hi Mike,
    Which State are you located in?
    How long was your lease and what was the period remaining when you moved out?
     
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  3. mike collins

    mike collins Member

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    hi
    thanks for ur reply
    im in sth aust it is a 12month lease 6months into it
     
  4. Worldly1

    Worldly1 Well-Known Member

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    The SA Government has a helpful "Leaving a property before the lease expires" page that says:
    Ending a fixed term lease agreement
    If you end a fixed term lease agreement early you are responsible for costs relating to breaking the agreement unless the landlord agrees to release you from the agreement at no cost.

    If you do leave a tenancy early the landlord may claim for:

    • loss of rent until the premises are re-let
    • pro-rata advertising costs
    • other compensations - eg a proportion of the re-letting fees if the landlord uses an agent.
    Under these circumstances the landlord has an obligation to re-let the property as soon as possible.

    If continuing the tenancy would cause undue hardship, you can apply for the agreement to be terminated by making an application to the Residential Tenancies Tribunal.


    So you may have an argument that you shouldn't have to pay because the landlord/agent on behalf of the landlord hasn't fulfiled their obligation to re-let the property as soon as possible. You might also find the contacts on the "Problems with your landlord" page useful.
     
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