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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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A rental property has not been rented months. The owner who

Customer Question

A rental property has not been rented for 4 months. The owner who is working interstate and relies on rent for meeting monthly mortgage payments on the subject property, has indicated to the Real Estate Agent looking after his property that he is very willing to drastically lower the rent in an attempt to attract tenants, however the Agent is understandably reluctant to lower the rent to the extent suggested by the owner.
Are there clauses in most agreements between Owners and Land Agents that would prevent the Owner from ceasing any signed agreement for the purpose of pursuing private means to obtain a tenant?
Submitted: 2 years ago.
Category: Australia Law
Expert:  James D. Ford replied 2 years ago.

Hi, Yes... there will be a termination clause contained within the agreement between the owner and the agent, whereby the owner can provide the agent with written notice of the required number of days to terminate the agreement.

The place to start is to read through the agency appointment agreement in detail.

Please let me know if you would like me to review the same, and I can send an offer of additional service.

Depending on the number of days notice required, there might also be legislation that states that a certain number of days notice is the maximum that can be specified in such an agreement. We would look to this if the number of days notice to terminate, seems excessive.

Kind regards,


Expert:  James D. Ford replied 2 years ago.

I see that they way you have worded your query... my answer is actually No.. the standard agreements cannot prevent the agent being terminated... so that another agent can be appointed, or a private tenant can be found.

He can also discuss the matter with other agents in the area, and obtain second opinions regarding rental appraisal, and the timeframe to obtain a tenant in the current market, as well as conduct his own research online.