NSW Tenant want to leave before the end of the fixed term period

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SophieCout

Member
14 April 2020
1
0
1
Hi there,
I hope you could help me with that : I have signed a rent contract indicating that the end of the fixed term period is the 17th November 2020. However, due to the current circumstances (COVID19) I want to leave the apartment. The agency told me that I have to pay my rent until the end of the fixed term period. So I double check the contract and here is what I have found :

Image3.png

So, a)b)c)d) actually confirm that I have to pay a rent until the end of the fixed term period.
However a)b)c) and d) are applicable only if clauses 41 & 42 have been crossed out.

=> The fact is : in my contract the landlord has crossed out clause 41 but he has not crossed out clause 42.
So I assume that a)b)c)d) are not applicable. Which means that I don't have to pay the rent until the end of the termination period. But I am not 100% sure of that. Can someone confirm or not that point?

Here are section clauses 41 & 42, should you need them :
Image2.png
 

jasonmason

Member
25 April 2020
3
0
1
Hi Sophie,

I hope you've already gotten some help and found an answer by now. This is a good place to start: Factsheet 16: Ending fixed-term tenancy early

You don't have to keep paying rent after you move out. But the landlord will be entitled to some form of compensation for their loss. Since it's not a set break fee (e.g. clauses 41&42) you can either negotiate an amount, or wait for them to apply to NCAT for compensation.

Here's information about claiming your bond back: Factsheet 03: Bond