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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 278
Experience:  Principal Lawyer at Legal AU Pty Ltd
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I'm breaking lease by abandonment next month and I have a

Customer Question

Hi,
JA: Hi. How can I help?
Customer: I'm breaking lease by abandonment next month and I have a question regarding the way that fixed costs (advertising etc.) are charged. Pro rata vs. full fee
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Western Australia
JA: Has anything been filed or reported?
Customer: We have advised our real estate agent that we are breaking lease by abandonment on 21/08. They are not happy with our choice to terminate the lease and want us to keep the lease in our name until the end of the fixed term (Jan 2018)
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm aware that paying fees pro rata is not in the Act, and it is simply based on case law from other states (WA court rulings are not published?). So I'm wondering if a WA court will rule in favour of pro rata,
Submitted: 12 days ago.
Category: Australia Law
Expert:  John Melis replied 12 days ago.

Dear customer, in relation to your question, the amount payable will be subject to the actual lease termination clause, and RESIDENTIAL TENANCIES ACT 1987 WA.

I advise the both documents need to read in-conjunction with one another to determine the outcome of the matter.

Kind regards *****

Customer: replied 12 days ago.
Thanks John. So pro rata calculations for fixed fees are not applicable in WA?
I only ask because this is the advice that Tenancy WA gives - they have said that the Residential Tenancies Act has no reference to pro rata (it states that the owner's losses are to be paid in full - this matches the lease) but that we should only pay these fees after a pro rata calculation has been applied as this is the normal result if the claim goes to court.
Expert:  John Melis replied 12 days ago.

Dear customer, the key element to your question will be in the lease document, as that sets the basis. Without reviewing that document I would not be able to correctly advise. I suggest that you review the lease document, and determine the requirements upon that agreement, with respect to the Act.

Kind regards *****