Ending Tenancy in NSW

Ljimbob33 on 28/10/2020 - 17:39

Hi all, I know there's a lot of wise heads and knowledgeable people on these forums so I thought I'd try here for some advice.
I'd like to preface my situation by saying I'm not trying to get away with anything and certainly want to do right by both parties but also don't want to be taken advantage of.

I moved to Sydney 4 years ago and have been renting my current place the whole time. My previous lease on paper ended in March of this year and I have not signed a new lease. I've still been paying my rent on time ever since. Now I've been offered a job back in my home state. I need to fly back in bit over a week's time and will most likely not have time to organise a vacate clean and return the room to its original state for the landlord before then. It should also be noted everything is still working order and there is no damage to the property.

In terms of ending the tenancy, I'm not aware of any "breaking fee" in my agreement. In any event, as mentioned above, my lease agreement had already lapsed. Through my research, it seems I'm required to give 14 days notice and continue paying the rent up until then.

I had given the agent 4 weeks of rent as bond ($1280) when I initially signed the lease. My plan now is to not ask for the bond back and request my fortnight of rent ($640) from date of notification to be deducted from the bond. And have the landlord/agent use the remaining $640 to cover the vacate cleaning costs and any disposals. Its a small studio room so I'm confident the $640 would more than comfortably cover it. And any amount of the bond left over I'm happy for the landlord/agent to keep as a gesture of goodwill and for inconveniences caused.

Is this a reasonable/common thing to do, or am I missing something? This is my first time renting so I'm not quite sure. Thanks in advance for any replies.

Home & Garden

Comments

  • Willco88 on 28/10/2020 - 17:41
    +3

    If you did not sign a new lease you are technically on month to month lease agreement so should only need Max 30 days notice to vacate.

    Yes I would offer to give up the bond to cover any outstanding rent would be fine.

    Just speak to the landlord/agent.

    • jimbob33 on 28/10/2020 - 17:57

      Oh, as in I have to give 30 days notice and continue pay a month's worth of rent from time of notifying them?

      (and thanks for your reply :))

      • Willco88 on 28/10/2020 - 17:58
        +1

        Usually if they need 30 days you will be liable yes.

      • dizzle on 28/10/2020 - 19:11
        +5

        NSW is 21 days for the end of periodic lease by tenant with no reason (Landlord would have to give 28 days).

        I think in some states (I'd have to check further) the landlord cannot claim the bond for unpaid rent, but it looks like in NSW they can. However I don't think they would agree to that. To claim money back from the bond is more hassle than you paying up front. As well as that, if they agree beforehand, and there is damage or other reasons they need to claim the bond, there may not be enough left for them to recover.

        If I was the landlord, I would say no and ask you to pay the rent.

  • loulou1 on 28/10/2020 - 17:46
    +1

    It is unusual for them to allow you to cover the rent from your bond. You should arrange a cleaner (perhaps through the real estate so you can be sure they meet their requirements) prior to end of tenancy.

    • jimbob33 on 28/10/2020 - 17:54

      Thanks for your reply! I'm worried this would be difficult as I'm in a mad scramble to pack and freight things back. Also I'll need to be live in this room up until the day of my flight.

    • jimbob33 on 28/10/2020 - 17:55

      "It is unusual for them to allow you to cover the rent from your bond."

      I did think about this, but at the end of the day its my money which would be returned back to me anyway? But again, just the thoughts of someone with minimal renting experience.

      • loulou1 on 28/10/2020 - 19:06
        +4

        It would, but instead of getting it as it is due, they have to wait until you depart and then claim from your bond. If they have a mortgage, they would incur more interest and may potentially be in default if they are awaiting rent to cover all of part of their repayments.

  • Willco88 on 28/10/2020 - 17:57

    If you just leave they'll keep the bond anyway so your decision if you've got a job ready to go, just move.

    • jimbob33 on 28/10/2020 - 18:04

      Cheers mate. Yeah definitely making the move back. Just wanted to see what additional costs to the agent/landlord I was liable for, and I'm conscientious about doing right by the landlord. I'm aware it would be a less than ideal situation to leave the room without a vacate clean etc. But also didn't want to be taken for ride by them.

  • Typical16-bitEnjoyer on 28/10/2020 - 18:25
    +5

    Nearly all the info you require is here: https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

    Be cautious offering "the bond as rent".

    If you just leave, the agent will claim everything they can, including expensive cleaning and "repairs" and may likely chase you for more than the bond. If not them, then LL insurance may. Perfect opportunity for them to claim "damage" and do a mini-reno. Seen it happen.

    You'll also potentially get a mark on tenancy registers.

    • jimbob33 on 28/10/2020 - 18:40

      Thanks zeggie. Any suggestions on how you'd approach this situation from my position?

    • Seraphin7 on 28/10/2020 - 18:42
      +2

      Agree with this. I understand OP's intent (which appears 100% reasonable), but unfortunately it could be OP that ends up carrying the can in the way you describe.

      OP … speak with the LL/agent ASAP and explain your circumstances. Don't "offer" anything in terms of "just keep my bond and take care of it", but see what they have to say under the banner of you need to have all matters settled as quickly as possible, but without cutting any corners to ensure all parties (yourself included) are adequately taken care of.

      • jimbob33 on 28/10/2020 - 19:43
        +1

        I like the sound of this. Thanks!

  • ShannonN on 28/10/2020 - 19:03
    +2

    talk to R/E get them to engage their recommended end of lease cleaners, that way there can be no recalls or this isn't cleaned properly scenarios, take photos of all rooms prior to vacating, show all walls, carpets etc noting any indentations from furniture blah blah as backup in case they try it on

  • Quantumcat on 28/10/2020 - 20:24
    +3

    You can't arrange to pay rent out of the bond. You can skip town, then the notice period will be taken out as well as cleaning fees etc, you'll probably get nothing back and you'll get a black mark against your name making it difficult to find another tenancy in the future.

    What you should do is this:

    • talk to the real estate agent and explain the situation
    • give the three weeks' notice by email (so it is documented and they can't say you didn't give notice)
    • engage their recommended cleaners, get a quote and prepay. Let the real estate know, give them the receipt, now it is the real estate's job to deal with giving them the keys etc.
    • do a video walkthrough after you have moved all your belongings and furniture out, go close up on things like edges of cornices and skirting boards, kitchen counter and cupboards, door handles and the edges of doors, window sills, the garden, toilet and sinks, anything you can think of that they might be able to find a problem in
    • find your initial condition report from when you moved in or ask for a copy from the real estate and keep it - so if they try anything funny you can show that it was like that when you moved in

    Please try to be legit and helpful, don't just leave one day and drop the keys off never to be heard from again (my tenant did that, and it was a big pain)

  • This Guy on 28/10/2020 - 20:48
    +1

    Post lease you need to give three weeks notice and pay rent for those weeks.

    Abandoning a lease is a great way to be added to a do not rent register. Laws vary from state to state, but the rental industry is stupidly dodgy so it will most likely follow you.

    You can normally hire an end of lease cleaning service for around $100. Most will guarantee your bond back or a refund.

    If you want to leave decent furniture, offer it to the landlord. Donate reasonable quality (stuff most people would still use) to a charity and sneak the rest into the communal bins.

    Unless you are a complete slob, this sounds like half a day's work. You need to make time for it before you leave.

    • dasher86 on 28/10/2020 - 20:59
      +2

      $100 where?!

      • This Guy on 29/10/2020 - 08:10

        Partner found several via facebook.

        If you aren't a pig it should only be a few hours. $50 per hour can be fine for very small businesses. But your right, if they have employees they really need to charge more.

        • dasher86 on 29/10/2020 - 08:11
          +1

          Carpets alone are usually that price even if you aren't a pig.

    • Quantumcat on 29/10/2020 - 09:20
      +1

      You won't get proper end of lease cleaners for $100. More like $400+
      $100 might get you some vacuuming and bathroom and kitchen cleaned. But not windows washed, walls washed, skirting boards cleaned, window tracks cleaned etc that is needed in an end of lease clean.

      • This Guy on 29/10/2020 - 09:25

        I did.

        • Quantumcat on 29/10/2020 - 10:10

          You got pretty lucky finding them but that is far from the norm

  • MeesusEff on 29/10/2020 - 01:57
    +1

    AFAIK if your landlord did things the 'official' way , they cant take the rent out of your bond as its filed with the (tribunal?). Better for you to pay the rent required, then get your bond back minus any things that you might be charged for.

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