Australia Law
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Answered in 9 hours by:
1/9/2012
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedThe answer to your question will depend on what your management agreement empowers your agent to do and what exactly they have done.
Unless the agreement entitled your agent to enter into a new lease agreement without your consent (which would be unusual then your agent may well have breached its obligations under the contract which may entitle you to sue or terminate the contract (termination is an extreme remedy and is not automatically available simply because a contract term is breached so it will depend on the circumstances whether this option is available).
However, if the new tenants have not occupied the premises through any arrangement made with the current agent, but rather through some informal agreement with the former tenant, then this may not be the fault of the real estate agent, but rather the 'former' tenant, who you may still have a right to treat as the tenant for the purposes of any claims you have for damage to the property or unpaid rent.
I trust the above assists your understanding.
Good luck and please click accept.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
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