ozymandias Posted July 16, 2014 Report Share Posted July 16, 2014 Hi guys, Have a fixed term lease which is due to expire soon, we are not renewing and have informed agency of this. I found something nicer in the area (and cheaper with pool) and asked rental agency about a break lease to snap this nice property up straight away and move over kids holidays from school. Property manager said no no no fixed term lease etc etc. In the process of trying to establish another query with a member of staff in the agency she said the breaklease was not being considered as it was not for enough time ie 6 mths, 3 mths etc so not worth their while. Does anyone have a definitive answer: can a person with adherance to due process (notice in writing etc) break a fixed term lease? If so is there a time limit requirement? I am worried our property manager is trying to keep high rent being paid (by us greenhorns) for max term when prices in the area are droping. Would really appreciate any advice ozy Quote Link to comment Share on other sites More sharing options...
Weedolly Posted July 16, 2014 Report Share Posted July 16, 2014 How long have you got left, maybe cheaper just to go to the end of your lease, would be a bit silly paying for advertising costs etc if you only have a few weeks to go. When is the new property available from? Cant you push them out a few weeks with the entry date? What area are you? I have noticed rents dropping where I am as well! Quote Link to comment Share on other sites More sharing options...
ozymandias Posted July 16, 2014 Author Report Share Posted July 16, 2014 Weedolly said: How long have you got left, maybe cheaper just to go to the end of your lease, would be a bit silly paying for advertising costs etc if you only have a few weeks to go. When is the new property available from? Cant you push them out a few weeks with the entry date? What area are you? I have noticed rents dropping where I am as well! I get your logic, I have less than 30 days left, and they have already started advertising and have had a viewing, but would prefer to move during the holiday time and not be moving kids during term time, getting back to routine will be hard enough. If I get stuck paying the lease out so be it. What I want to know is: are they just trying it on with me if I am technically allowed apply for a break lease on a fixed term lease at any time. I would prefer the extra rent in my pocket! Quote Link to comment Share on other sites More sharing options...
Weedolly Posted July 16, 2014 Report Share Posted July 16, 2014 (edited) Don't you still give a month notice if you want to break lease sô what's the point you might not even get the other house Edited July 16, 2014 by Weedolly Quote Link to comment Share on other sites More sharing options...
ozymandias Posted July 16, 2014 Author Report Share Posted July 16, 2014 (edited) Hi Weedolly, My understanding is a break lease can occur at any time during a fixed term contract with the owners consent, no notice required, just owners consent. The agent is telling me I can't at all (but then they have a vested interest in me paying over the odds rent untill my lease expires). I am leary of just taking googles advice so I was trying to see if anyone with actual experience of a break lease had any pearls of wisdom for me. thanks ozy Edited July 16, 2014 by ozymandias spelling Quote Link to comment Share on other sites More sharing options...
liloharry Posted July 16, 2014 Report Share Posted July 16, 2014 You can only break lease with the owners consent. If the owner says no then it's a no. We broke lease with 4 weeks left but said we would only move if they found a new tenant, new tenant was found but the agent didn't get the new tenants to sign a lease and they backed out on move day! The agent tried to get us to pay the remaining 4 weeks rent but as we had it all in writing we ended up taking them to court over it (they settled out of court in the end) but if you do get consent just make sure all boxes are ticked, so to speak to save grey area hassles. Quote Link to comment Share on other sites More sharing options...
Druid Posted July 16, 2014 Report Share Posted July 16, 2014 It's quite clear in your REIWA Rent agreement, if it's a fixed term you can break it, but you are liable to pay the rent up until a new tenant is found Quote Link to comment Share on other sites More sharing options...
ozymandias Posted July 16, 2014 Author Report Share Posted July 16, 2014 liloharry said: You can only break lease with the owners consent. If the owner says no then it's a no. We broke lease with 4 weeks left but said we would only move if they found a new tenant, new tenant was found but the agent didn't get the new tenants to sign a lease and they backed out on move day! The agent tried to get us to pay the remaining 4 weeks rent but as we had it all in writing we ended up taking them to court over it (they settled out of court in the end) but if you do get consent just make sure all boxes are ticked, so to speak to save grey area hassles. hi liloharry, thanks for reasuaring me that it is possible! the agent did not ask the owners permission on our behalf and are giving us all manner of excuses. We have found the owners great to deal with re repairs, so felt they would be open to considering our breaklease at least. will have to look into how to deal with agent from here on out! Quote Link to comment Share on other sites More sharing options...
ozymandias Posted July 16, 2014 Author Report Share Posted July 16, 2014 hi druid, we would have been happy enough with that as it is a great house and it would have been a matter of convenienve for us so we felt the possible monetry loss would have been worth it for the family benifits, i am feeling miffed that the agent bluffed us off. Quote Link to comment Share on other sites More sharing options...
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