My name is XXXXX XXXXX X am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
If you are provided with a breach notice, the landlord will have a right to terminate the lease if you do not rectify the breach, but it does not mean that you will not be liable to pay rent.
The landlord is obligated to try and find a new tenant, but until they do you will need to pay rent to the landlord.
Have you advised the landlords and the agents that you feel uncomfortable allowing strangers into your home and that you would like to be allowed to terminate the lease and move elsewhere?
Thank you for your assistance. In answer to your question, I have not yet written to my landlord and agent about wanting to mutually negotiate an early end date to my lease. I intend to do this tomorrow, however wanted to find out what rights (if any) I have in this scenario. I am doubtful whether the landlord will agree to terminate early given that they may well experience difficulty in finding a new tenant with the house on the market to be sold. However they do need my co-operation in order to make the house as marketable as possible, eg, for me to keep it clean and tidy for prospective buyers. Am I correct in understanding from your response that if I am given a breach notice or a note to vacate the house, that I am still liable for rental payments until the end of my fixed term contract?
Thanks Leon, one last question. Is there nothing in property law that says a tenant can end a fixed term lease for "humanitarian reasons" - such as being moved interstate for a job halfway through a fixed term lease, or in the situation of myself, having depression and anxiety and not being able to face strangers in and out the house. Or is the only way to get out of a lease early with mutual agreement from the landlord? It seems to me as if the law is very much in favour of the homeowner and the tenant doesn't have many rights in this situation.
No, it didn't. Okay, thanks for your help.
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