VIC Residential Tenant wants out.

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Anita Louise

Well-Known Member
12 July 2017
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0
121
Hi, I have a tenant who has a residential lease with me until November 2021. He has recently bought a property and ideally would like me to agree to terminating the lease. This property is on the coast and six to eight months of the year I rent it out full time thenI have regulars who come every summer. I'm happy for him to transfer the lease but because I need the property back no later than mid December it's going to be difficult for him to find someone to take over the lease. Obviously if I agree to him going it will to be difficult for me to another tenant for four and a half months, leaving me disadvantaged. Recently a problem has presented with the ensuite shower. I've had my builder look at it, there's a problem with waterproofing and the shower will need to be replaced. Unfortunately I can't get this work done for eight weeks. The rest of the ensuite is working, bath, toilet and hand basin. There are two other showers in the house . Am I being unreasonable to ask the tenant to use one of the other showers and give them compensation? Though correspondence he's saying that he may exercise his right to terminate the lease under 91ZD which states that the property isn't fit for habitation......which is a joke. I'd love some opinions please.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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Stand your ground.

If he agrees to pay your advertising expenses then advertise. He may qualify for reduced rent if the shower in the ensuite is attached to the bedroom he sleeps in, but otherwise, with two other showers I can't see 91ZD applying.

However if mould has started to grow as a result of the leak , the tenant will likely be able to break the lease.
 

Anita Louise

Well-Known Member
12 July 2017
23
0
121
Thank you for you advice. There is no mould. My builder told me the shower was wet and assumed the shower was still being used. I'm thinking of getting a plumber in to
cap off the shower head outlet so there is no further damage . I'll offer a reduction in the rent for the inconvenience of using another shower. Thanks again most appreciated!