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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43232
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We have a foxtel lease agreement. three people renting a

Customer Question

we have a foxtel lease agreement. three people renting a property 3 names on the lease agreement. one name on the foxtel agreement. the name on the foxtel agreement has absconded and foxtel will not change the foxtel agreement to antoher name unless the absconded tenant goes int and asks for his name to removed from teh tenant agreement as well as the foxtel agreement please advise
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: nsw
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no we want to change the name on the foxtel lease agreement
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

They cannot change the agreement because the other parties are not party to the agreement. It can only be changed without eh authority of the party that has their name on the agreement.

There is nothing you can do with the foxtel agreement as the law will not allow you to change it unless you have a power of attorney for the absconded renter.

You have to get a new agreement with foxtel in the name of the remaining 2 parties.

For the lease you have to speak with the agent or the landlord to se if they are prepared to enter into a new lease agreement with the remaining tenants and terminate the old one.

If there is a bond paid by all 3 of you the landlord has to apply for a refund and then lodge a new one. You all have to sign the refund form.

If the other party is not able to be found or you cannot have an address for them then the bond will be released only with a court order.

This would have to be obtained through the tribunal in your state.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon