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We currently advise our Real-estate that we needed to break

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

We currently advise our Real-estate that we needed to break our lease as we are moving into state. We had a new tenant to take over as we had 3 months to run but they also want to extend the lease for additional 12 months. The real-estate responded saying the owner wants to evaluate the house and may wish to sell. If he does then he will release you for this agreement. If not then they would allow our tenants to take over. Since then they completed their assessment and now are saying that they are selling the house and you have to pay until the end of contract. Also they have told us to limit our losses we can provide a tenant for the 3 months they would consider but they would have to vacate the property at the end. They have now put the house on the market at a very inflated price which is extremely like to sell within the lease period. Is there any way of getting out of this considering they first were prepared to release us now they playing the field using the agreement to pay the rent while they place the house on the market.
Regards
Colin

 

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State/Territory: WA

Already Tried:
we have sent emails,phone calls etc, we have given access to the house we have been great tenants always payed our rent 1 month in advance.

Submitted: 365 days and 4 hours ago.
Category: Australia Law
Value: AU$71
Status: CLOSED

Accepted Answer

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Expert:  Sydney-Lawyer replied 365 days and 4 hours ago.

Good Afternoon,


Unfortunately there is very little you can do as you have a binding lease and I would assume there is nothing in writing that they agreed to release you from the lease subject to the inspections.

all I can suggest is to try and get the landlord and speak to him directly and bypass the agent. This way you can explain to the landlord the situation without influencing him in any way.

I assume the prospective tenants you had arranged to take over the lease and no longer interested due to the property being sold.

If you know the contact number for the landlord I suggest you contact them directly and discuss the matter without the agent.

I hope this is of assistance and if so please click on the accept button.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16868
Answered: 5/7/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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