NSW Son Still Obligated to Pay Break Lease Fee After Robbery?

[Piooma]

Whilst my 34-year-old son was away working interstate his unit has been entered a number of times, resulting in a full robbery. He has absolutely nothing left of any value (a few clothes, broken glass, lots of rubbish).

Significant damage was done to the entry and some internal fittings (split air conditioner etc). The damage will be covered by the landlord insurance as this was done in the tenant's absence. I have provided them with the police report number.

I have moved the remaining contents out and cleaned up as best I can, however, the Real Estate Agents sent me an invoice for a 'break lease fee" (4 x weeks rent) and unpaid rent (a few dollars).

My son cannot continue to live there as he has nothing left. He will be moving in with me and my wife.

Under this circumstance, is he still obligated to pay the Lease Break Fee? Even though this is all beyond his control?

 

[Rod]

Under this circumstance, is he still obligated to pay the Lease Break Fee? Even though this is all beyond his control?

You can ask NCAT for relief due to hardship and special circumstances, but as your son is working interstate and it is probable he is earning good money I don't like your chances.

Otherwise, yes he is obligated to pay a break fee. There may also be clauses in the tenancy agreement about staying away from the property for an extended period without notifying the agent as a vacant property often attracts the criminally inclined so your son may have contravened this if it is a condition of the lease.