We are moving out of the renting property which we have rented for 5 years. Every year, we used to sign another 12 months fixed term tenancy agreement, with the current one due to expire in January, 2021.
My understanding of the tenancy legislation was that a 28 day’s notice period would suffice to terminate the agreement, even if it is a fixed term one. Therefore, we did provide the 28 day notice of us leaving.
But today, 10 days before we are supposed to move out, the landlord informed us:
‘your departure is treated as a lease break, and accordingly it is treated differently.
Under a lease break, there is a responsibility for the outgoing tenant to pay rent until a new tenant is found, and also to pay a portion of the advertising costs’
Obviously, that is not what I’ve expected and I asked for the reference for his statement. Also, I asked him to answer a couple of questions.
Specifically:
how long is it reasonable to pay the rent until you find a tenant (theoretically, as per your statement it may last till the next year)
and how much is 'a portion of the advertising costs' specifically?
While waiting for his reply, I wanted to check with Ozbargain community what the legislation says about this point, and what legislation is it, and if it is easily accessible for me to read and sight to the landlord if he is not quite right.
Thanks for all of your thoughts and references.
The Agent / Landlord is correct.
May I enquire what you did expect the response from the Landlord would be for a 9 month lease break?
The only thing I am not sure of is if the Landlord is allowed to insist he tries to find another tenant at the current rate you are paying. I hope so, because the Landlord has done nothing wrong and shouldn't be negatively impacted in anyway.