Breaking out of fixed tenancy

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andromeda

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#115910 11-Apr-2013 14:44

Hey,

Supposed to be moving into apartment next week, but broke up with gf so it's not so affordable anymore. Have signed 6 month fixed-term lease and paid 3 weeks bond.

What is a way out? Could maybe find someone else to take over the lease - they did mention that before i signed the contract. Does it help if I havent moved in? Any ideas?

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Vocus

#797801 11-Apr-2013 14:46

First talk to your Landlord :) You will need to come to some agreement to break the contract.

Virgil

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#797809 11-Apr-2013 14:59

Bummer ... but yes have a friendly chat with the new land lord, tell him you have a big problem, and ask how you can sort it out together. Offer to pay his re-listing fees, or something like that - Don't expect to get away for free.

You may possibly have lost your deposit. Theoretically you could be liable for the whole 6 months rent payments, but I doubt that would be enforceable if he is able to re-rent it to someone else with minimal loss of income.

Good luck! Send half the bill to your ex!

Cheers.

Lurking ...

ubergeeknz

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Vocus

#797816 11-Apr-2013 15:21

Virgil: Bummer ... but yes have a friendly chat with the new land lord, tell him you have a big problem, and ask how you can sort it out together. Offer to pay his re-listing fees, or something like that - Don't expect to get away for free.

You may possibly have lost your deposit. Theoretically you could be liable for the whole 6 months rent payments, but I doubt that would be enforceable if he is able to re-rent it to someone else with minimal loss of income.

Good luck! Send half the bill to your ex!

Cheers.

Noooo don't offer anything if you don't have to! It might be that they'll be happy to let it go once you explain the situation.

Is your ex-other-half also on the lease?

andromeda

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#797819 11-Apr-2013 15:22

just me on the lease

Wade

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#797820 11-Apr-2013 15:23

My understanding is you are potentially liable to pay rent until such time as the owner can re-rent the property

gzt

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#797822 11-Apr-2013 15:26

Call up the landlord and talk about it. This may not be a problem at all.

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Batman

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#797824 11-Apr-2013 15:31

loss of rent is usually a big thing. you must get him to readvertise asap otherwise you will be leaking money. when does the lease start?

bagheera

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#797825 11-Apr-2013 15:32

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.

networkn

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#797829 11-Apr-2013 15:49

Firstly, understand the Landlord owes you nothing in the arragement. He has done his part, so I would suggest being as friendly and accommodating as possible.

I would start by calling him and letting him know you have had an abrupt change in personal circumstances which will make the lease difficult for you to afford. Tell him you wanted to let him know as soon as possible and was there a way to work "together" to help him find another tenant.

At this stage any compromise on his part is largely good will.

Most people are reasonable if approached politely and with respect. Don't be aggressive and I think you should be ok. I think you need to face the reality that you will be out of pocket unless you are very fortunate and speak to your ex about coming to the party if that's appropriate.

andromeda

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#797894 11-Apr-2013 17:07

spoke to landlord. if i pull out, will lose bond and letting fee. $1240

andromeda

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#797895 11-Apr-2013 17:07

losing the bond is company policy, they say.

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gzt

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#797930 11-Apr-2013 18:01

So when does the tenancy agreement actually start? Next week on your move in date?

I'm just wondering if the situation is slightly different here if the tenancy has not actually started yet.

Batman

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#797935 11-Apr-2013 18:08

this could be a cheap way.

imagine having to pay rent every week until they "find" (how do you know how much averaging and effort they put in) a suitable tenant (passes all their credit check good references etc)

is ita very popular place is the rent cheaper than market? if yes to both you can easily advertise on trade me yourself but landlord have final say on whether they are suitable

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#797936 11-Apr-2013 18:08

advertising

gzt

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#798006 11-Apr-2013 19:36

gzt: So when does the tenancy agreement actually start? Next week on your move in date? I'm just wondering if the situation is slightly different here if the tenancy has not actually started yet.

As well as getting some advice on that you could get some advice on applying to end the tenancy yourself through the Tenancy Tribunal.

Quoting the DBH: "[Tenancy Tribunal] may terminate the tenancy where the landlord or tenant has suffered a serious unforeseen change in circumstances which would cause them hardship to continue with the tenancy, and greater hardship than would be caused to the other party to the tenancy by ending the tenancy early. Where the tenancy is ended early, compensation may be awarded to the other party"

This may or may not come out similar to the option offered by the property manager. I have no idea. To get some good idea on that and the other point you need current legal advice.

If cost is an issue http://www.communitylaw.org.nz/ may be helpful.

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