Altering a Tenancy agreement in Brisbane _ Suggestion

Lkaiser2b on 23/08/2020 - 20:31

As an ongoing tenant for the last 3 years Brisbane area, I signed a tenancy agreement/lease in mid-July for another 12-month contract starting from September 2020 until September 2021. Soon after signing the contract, I had to come up with a decision to move out from the property ASAP based on my personnel circumstances and one of our family member's illness who needs to avoid climbing stairs. As we all know that all the non-major operations/surgeries are postponed, she is now waiting to be called for surgery in her knee. Meantime while staying in the current unit, her conditions will be worsened because of 14 unavoidable stairs in the coming year.

I requested the agent to prepare a contract without a fixed term (without an end date). I believe it is called a periodical contract. I am going to accept to notify the agent 4 weeks before vacating the unit if such arrangement made. When I asked to give me the owner of the details, the agent sends me this,

"You cannot just change a contract after it is signed! This is breaking a contract and to do so you will need to pay a breaklease fee of 1 week + GST. Once you pay this amount you will be able to move out anytime thereafter and you will still be liable for the rent until a new tenant is found. You do not need to speak directly with the owner as I have been contracted to manage the unit on their behalf."

Note that the contract has not started yet. This is august and contract is going to start from September 2020, for 12 months. I already approached RTA (residential tenancy authority) in Brisbane. They suggested me to fill up a Form 16 (Dispute resolution request). This will allow RTA staff to mediate between me and the agent. I am going to submit this form to RTA in a day or two. And RTA will respond to my enquiries in 14 days and meanwhile, the contract that I signed for a year will be initiated.

Please give me any suggestions to convert this fixed term contract to a periodic contract (the one with an end date) with less hassle. Is there anyone in the forum who experienced the same? Finally, please leave your valuable suggestions if I have any better move available before or after involving the RTA.

Financial

Comments

  • ozhunter on 23/08/2020 - 20:35

    Note that the contract has not started yet. This is august and contract is going to start from September 2020, for 12 months

    That's as soon as 8 days.

    This is breaking a contract and to do so you will need to pay a breaklease fee of 1 week + GST

    I think new covid regulations exempt everyone from this fee if it is due to financial hardship(due to covid)

    I am going to submit this form to RTA in a day or two. And RTA will respond to my enquiries in 14 days and meanwhile, the contract that I signed for a year will be initiated.

    Do this asap. Don't think the contract already starting matters.

  • [Deactivated] on 23/08/2020 - 20:42
    +2

    Yep youre boned.

    Remember to bring your handicapped friend with you to court, wheelchair + cast + plenty of bandages help too 👌

  • spackbace on 23/08/2020 - 20:52
    +10

    You signed a contract
    You want to breach said contract

    Yes, you need to cop a break-lease fee

  • bobbified on 23/08/2020 - 20:57
    +11

    "You cannot just change a contract after it is signed! …"

    For once, the real estate agent isn't bullshtting you!

  • [Deactivated] on 23/08/2020 - 21:03
    +7

    1. You're not entitled to change the terms of a signed contract.

    2. You're not entitled to contact the landlord directly.

  • ihbh on 23/08/2020 - 21:53
    +4

    suggestions to convert this fixed term contract to a periodic contract

    What the agent said. Pay break fee and rent until new tenant found after you leave. The break fee is to advertise for a new tenant (agent normally charges landlord for this, but you should pay because you are breaking the fixed term lease).

    Try to put yourself in the landlord's shoes. You sign a 12 month lease and he converts it to a periodic one mid term and kicks you and family member out and you're homeless for a while, etc. How would you feel?

    Unfortunately your personal circumstances doesn't give you any additional leverage over the contract you signed.

    PS: Same thing applies to home loans if you ever decide to buy.

  • Summoner on 23/08/2020 - 22:00
    +2

    I requested dispute resolution through RTA earlier this year. It took more than two months until RTA conciliators contacted us. In our case, the landlord had been dragging the issue until we heard from RTA conciliator. But as soon as conciliator contacted me, the landlord agreed to settle the dispute.
    Anyway, this was before COVID started, so you might have to expect much more delays before RTA conciliator contact you.
    And I agree with others, if you signed the contract, you will be liable for the fees.
    Try to ask the agent if you can find new tenants before you move out. I once did that when I had to break the lease early. And the agent waived any additional fee for us.

  • SmiTTy on 24/08/2020 - 00:25

    I'd suggest you try to have the agent speak to the landlord and explain your case to consider the change on grounds of compassion

    The agent may or may not do this. But that might be your best bet given you're contractually obligated

    Landlords are (sometimes) compassionate.

  • AustriaBargain on 24/08/2020 - 01:58
    +1

    How is the agent meant to find someone to fill the place with eight days notice? If you suddenly moved out then it could be vacant for months while they try to find a suitable tenant. The agent hasn't been looking for anyone else because you signed an agreement to lease the place already. And maybe what you've agreed to pay is over market rent and it will take months to find someone to fill it for the same rate. Scheduling inspections, then going through applications, following up referees. And suppose the agent didn't schedule any free time in the next few weeks to suddenly do all that, because you signed an agreement already.

  • JCrown9 on 24/08/2020 - 09:06
    +2

    try to find a new tenant your self.
    advertise the place on local facebook groups to where you live. simply put lease break. prices.photos etc.

    naturally you'll have to inform them to go through the agent, but you can give all the details.

    by you putting in the work to find a new tenant, this will likely be faster than waiting for the agent to find one.
    They will still have to be approved of course, but its better than sitting and waiting.

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