Breaking out of fixed tenancy

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Batman

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#798020 11-Apr-2013 20:00

if you go down that path don't fight the offer of losing your money but they cutyour lease. as I said you could be a lot worse off if they didn't cut your lease.

tripp

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#798194 12-Apr-2013 08:15

bagheera:
andromeda: just me on the lease

ALWAYS have all people who are living at the address on the lease, that way it reduces your risk, with only you on the lease if you had move in and then your GF decided to break something and move out due to hating you, not only would you be stuck with the rent, but also the bill to fix damage, if she was on the lease, then it would only be 1/2 the damage and 1/2 the rent.

This information is so wrong you should just "not say anything"

If both names are on the lease then either of them are 100% liable for any costs (damage or rent).

If the g/f did a runner and her name is on the lease then the landlord can go after g/f or him for 100% of the costs, its not a 50/50 split or anything.
Any named party on the lease is 100% liable for cost.

If he wanted 50% of the money back (or 100%) he would have to sue the g/f in court or disputes tribunal.

Kingy

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#798221 12-Apr-2013 09:09

I'm currently going through a similar situation. We are 6 months into a 12 month lease and are moving due to a new job. As stated in our contract we have to pay a break lease fee (basically a fee for them to advertise the place) and also to continue paying rent until a suitable replacement is found.

Luckily for us our property managers were pretty on to it and 3 days after we confirmed we were breaking the lease they showed through 2 sets of people and one of them has applied and gotten the place. So apart from the fee we need to pay we're out of the woods.

I don't know the exact rules/law but surely taking all the bond from you isn't exactly allowed. I'd assume they would keep it to ensure you continue to pay until a new tennant is found but once that is sorted you should receive it back.

I'd also say the same for rent in advance. The idea is that you pay in advance so that if for some apparent reason you fail to pay rent one week then it ensures you aren't behind and the property managers/landlords aren't out of pocket. Assuming you do have to pay rent until someone else moves in remember that you are in advance. At the end of the day if you stay in advance you are entitled to this back as well.

On another note I would keep track of what exactly the landlord is doing to advertise the property (if you found it through trademe, look for it on trademe etc etc etc). I'd be seriously pissed if I found out that you were paying rent on a property that they weren't even trying to rent out.

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networkn

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#798226 12-Apr-2013 09:21

I am not certain ( Talk to Tenancy - Department of Building and Housing) but I am pretty sure they can't take your bond. Having said that, you could be worse off.

tripp

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#798237 12-Apr-2013 09:38

Kingy: I'm currently going through a similar situation. We are 6 months into a 12 month lease and are moving due to a new job. As stated in our contract we have to pay a break lease fee (basically a fee for them to advertise the place) and also to continue paying rent until a suitable replacement is found.

Luckily for us our property managers were pretty on to it and 3 days after we confirmed we were breaking the lease they showed through 2 sets of people and one of them has applied and gotten the place. So apart from the fee we need to pay we're out of the woods.

I don't know the exact rules/law but surely taking all the bond from you isn't exactly allowed. I'd assume they would keep it to ensure you continue to pay until a new tennant is found but once that is sorted you should receive it back.

I'd also say the same for rent in advance. The idea is that you pay in advance so that if for some apparent reason you fail to pay rent one week then it ensures you aren't behind and the property managers/landlords aren't out of pocket. Assuming you do have to pay rent until someone else moves in remember that you are in advance. At the end of the day if you stay in advance you are entitled to this back as well.

On another note I would keep track of what exactly the landlord is doing to advertise the property (if you found it through trademe, look for it on trademe etc etc etc). I'd be seriously pissed if I found out that you were paying rent on a property that they weren't even trying to rent out.

Rent in advance is funny, people think they keep in "advance" however if you move in and pay 2 weeks in advance then your next rent payment is 2 weeks from that date.
The only time you are in advance for 2 weeks is the day you pay.

Kingy

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#798239 12-Apr-2013 09:41

With professionals at least we stayed in advance right through our tenancy. When we gave our 3 weeks notice we didn't pay rent for the last 2 weeks. I guess it probably differs between agencies.

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#798240 12-Apr-2013 09:41

networkn: I am not certain ( Talk to Tenancy - Department of Building and Housing) but I am pretty sure they can't take your bond. Having said that, you could be worse off.

They can't take the bond unless he signs it over or tenancy awards it to the LL

The OP has a few things he can do.

1) Go to tenancy and ask for the FTT to be broken due to hardship etc (this will take time and will still need to pay rent during this)
2) Talk to the LL and ask to be let out (normally have to pay advertising fees and rent till they find someone new).
3) Take the deal they have on offer and sign over the bond (this could be the cheaper way out depending on how much the rent etc is).
4) Move in for the 6 months

I would take number 3 but get them to sign something that he is being let out of the FTT and that no other money is owed (i.e. no advertising fees, no more rent etc).

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#798727 13-Apr-2013 11:07

thanks for all the info guys. ended up losing the bond,but just getting the 1 week rent in advance that i paid. called 0800 TENANCY and they said it was a fair deal.

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#798733 13-Apr-2013 11:15

andromeda: thanks for all the info guys. ended up losing the bond,but just getting the 1 week rent in advance that i paid. called 0800 TENANCY and they said it was a fair deal.

I hope you end up with a fair deal from your ex-GF

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#798831 13-Apr-2013 16:10

I hope you posted pics of your ex on revenge porn sites if she didn't cough up half ;-P

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