VIC Lease break fees VIC

Discussion in 'Property Law Forum' started by BlackxxAssassin, 18 July 2019.

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  1. BlackxxAssassin

    BlackxxAssassin Well-Known Member

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    Hi, I have found myself in the situation that I have had to break a fixed term lease.

    My lease agreement states:
    "Pay to the managing agent a pro rata leasing fee, plus all advertising incurred."


    On the Notice to vacate form I signed it states:
    "make the request on the basis that we will be responsible for:
    1. Regular rental payments (in accordance with our tenancy conditions) until a new tenancy commences occupancy.
    2. Agent's Leasing fee, equivalent to 1 week's rent plus GST unless property outside of (postcode removed) then 2 week's rent plus GST.
    3. Advertising costs associated......."

    I am not disputing the fact we are still responsible for rent and advertising, but they are demanding the full leasing fee which equals 2 week's rent plus GST.

    I questioned how we are responsible for the full leasing fee, and they replied:
    "The fees are there to cover the landlord and are payable for anyone who is on a fixed term lease, and then breaks the lease agreement."

    So I have signed a lease agreement that states pro rata, and signed a Notice to vacate which doesn't state pro rata. Surely the lease agreement would overrule the notice to vacate form? It's too late now, the notice to vacate form has been signed, I should have picked up on this before signing the NTV.

    Can anyone share their opinions on this?

    Thanks
     
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