NSW Tenancy Agreement - Break Fee Due to Death in Family?

[Angreal35]

Hi all,

I am living in NSW and was co-living with my mother who was sick until three weeks ago when she passed away suddenly. My agreement doesn't conclude until end of Feb (six months). I am on the tenancy agreement, my mum isn't.

I have provided five weeks notice to the landlord who has told me that I have to pay a break fee of 4 weeks rent on top of the rent.

Under the Act, it says that if a co-tenant passes away then 21 days notice is required in section 78. So my mum technically isn't on the agreement but it was listed as one other person being on there and she was paying me rent.

Would the tribunal if I go down that path say that I have a reasonable right to exit the agreement?


Thanks!

 

[Tim W]

Is it an option to stay there for the duration, and then just move out at the end?

 

[Angreal35]

Is it an option to stay there for the duration, and then just move out at the end?

Hi tim

My mum passed away in the place so the memory level is pretty intense. I can't handle till end of Feb

 

[Clancy]

Is your mother 'officially' paying you rent properly declared to the relevant government authorities or is it cash in hand?

Its probably reasonably necessary to have written notice to the landlord regarding your mums payment of rent, if you have that, then you will certainly be covered by the act.