Multiple Tenant Lease Being Broken

LReverseKanga on 02/04/2020 - 14:42

Hi Guys,

Long time lurker, first time posting.

Recently moved into a sharehouse in Queensland with 4 other people that have all lived together previously. Signed a lease from 21/2/2020 to 22/2/2021.

One tenant today submitted notice to break a lease due to needing to move closer to family to help with taking care of them during the virus pandemic. She has given 14 days notice to the property management.

I'm concerned that we will struggle to find a replacement tenant in the current environment, with nobody able to move house anytime soon with movement restrictions.

Do we have any ground to stand on in regards getting her to continue paying rent until we can find a replacement?

I can't find much information on this situation, as everything is for a complete break of the lease, not just one tenant.

The lease doesn't contain much information for this situation.

I have submitted a question with the Rental Authority, but their website advises long wait times due to COVID problems.

TL;dr: one person in 5 person lease breaking it 9 months early. Any way to get them to continue paying rent until we find a replacement tenant in potentially difficult time?

Home & Garden

Comments

  • Stimps on 02/04/2020 - 14:55
    +8

    Advise landlord that you will be reducing rent by 20 percent for the remainder of the lease. Scotty has your back.

    • xuqi on 02/04/2020 - 15:20

      Please ensure you always use correct AKA; Scotty from marketing :)

      https://www.lifehacker.com.au/2020/01/where-the-legend-of-sc…

      • [Deactivated] on 02/04/2020 - 23:17

        otherwise could be mistaken for our Scotty and we can't have that.

    • ozhunter on 02/04/2020 - 15:22
      +3

      Asking the landlord should be the first step.

      But if rent isn't paid in a timely manner after the moratorium is over, expected to be kicked out.

  • ssquid on 02/04/2020 - 14:56

    Queensland has not placed restrictions on moving house (yet).

    • ReverseKanga on 02/04/2020 - 16:21

      Not specifically, but I'm not sure that it falls in any of the essential reasons to be leaving your house.

      • SnoozeAndLose on 02/04/2020 - 19:52

        NSW moving house is one of the excuse

  • GG57 on 02/04/2020 - 15:28

    There is nothing stopping you advertising the room, and then take appropriate actions when you have exhausted that avenue.
    But I don't think the person leaving should have to pay.

    • ReverseKanga on 02/04/2020 - 16:23

      Which is what were intending to do, we're just concerned about finding someone in time under current circumstances.

      What would be the appropriate actions if that doesn't pan out?

  • wendellX on 02/04/2020 - 15:42
    +11

    Yes, she has 9 months responsibility left on paying her share of the lease until such time as an alternate arrangement is made. 14 days notice does NOT mean that your requirements under the lease end when you want them to. There is no "14 day notice" clause in there to break the lease. Lease break only occurs by agreement to alter a contract, and you'd be stupid to alter it without the next arrangement in place.

    If she was paying to someone in the house, and then one payment was made to the landlord, then the landlord will still be expecting a full rental payment. You will likely be the ones chasing her for lost rent (just take her to qcat after you get a new tenant).

    If she was paying her share direct to the agent/landlord, then I'd argue it's up to them to chase her up for payments.

    This is all my assumptions though, IANAL. Just talk with your real estate/landlord.

    • Typical16-bitEnjoyer on 02/04/2020 - 16:11
      +2

      Exactly this. That tenant leaving does not relieve her from the Lease.

      The only incorrect bit is OP does become responsible for the missing rent tho. All tenants are jointly and severally liable. Tell both the tenant leaving and RE Agent that you'll happily go to *CAT to resolve the dispute if RE Agent lets her leave after 14 days scot-free.

  • wolvesaussie on 02/04/2020 - 15:52
    +1

    yeah normally if someone is leaving a sharehouse like this they have to find another person to replace them and continue to pay until they have done so.

    • ReverseKanga on 02/04/2020 - 16:35

      I agree, and that's how it's been in the past, but I was just curious if this was just common practice, or actually legislated.

  • wolvesaussie on 02/04/2020 - 15:53
    +1

    Might depend on how the lease is structured, is everyone on a shared lease or do you have your own agreement for your own rooms

    • ReverseKanga on 02/04/2020 - 16:36

      It's a shared lease, with all 5 of us signing it.

      We all pay the rent to real estate separately.

      • lunchbox99 on 02/04/2020 - 17:09
        +1

        Sounds like your flatmate will be liable to pay their rent until a replacement is found plus reasonable costs to find a new tenant (advertising etc). It might end up that the agent can't find anyone prior to the lease end date, but they must take reasonable steps.

        But ultimately it depends what their lease says.

  • KeplersLaws on 02/04/2020 - 16:13

    It might say long wait times but may be just a few minutes wait haha. Just saying. Give them a ring and run it by them :)

  • brad1-8tsi on 02/04/2020 - 16:17
    +1

    What's the point of signing a contract if you won't stick to it?

    As I say to my kids: "If you want to do grown up things then you have to accept grown up responsibilities."

    The person breaking their contract needs to find a suitable replacement tennant and keep paying rent until they do.

    • ReverseKanga on 02/04/2020 - 16:36

      I tend to agree (I'm very biased).

      Is that a rule or just common practice though.

      • brad1-8tsi on 02/04/2020 - 16:44

        If the whole house wanted to break the lease then you would either have to pay the break fee/cost or find a suitable substitute tenant. This is just a subset of that scenario.

  • try2bhelpful on 02/04/2020 - 16:24
    +1

    https://tenantsqld.org.au/wp-content/uploads/2016/08/Termina…

    You might want to chat to the Queensland tenants union.

    • ReverseKanga on 02/04/2020 - 16:40

      Thank you for this, this is exactly what I was looking for. Really appreciate your help, not sure why I couldn't find it.

      • try2bhelpful on 02/04/2020 - 16:43

        No probs at all. When in doubt the first thing I do is look at the tenancy union sites. Hope you get it resolved soon.

  • chumlee on 02/04/2020 - 19:47

    Rent the room out by the half hour

    • try2bhelpful on 02/04/2020 - 19:48

      Can’t at the moment, the cops won’t care about the sex but will care about the social contact.

      • chumlee on 02/04/2020 - 20:25
        +1

        Peep shows are allowed

        • try2bhelpful on 02/04/2020 - 20:27

          Remote cameras. Yeah, that could pay the rent.

  • Euphemistic on 03/04/2020 - 08:22
    -1

    Ask the landlord first. Hardship due to Corona should include losing a housemate. You’d just be asking for a 20% rent reduction until you find a new housemate or for a few months.

    If the landlord isn’t a complete turd they should be able to ask for some slack from their lender which should cover the difference. It’s not like you won’t be paying any rent, just a reduction due to virus conditions.

    If you are really lucky you might even get more than 20% reduction because some rent is better than none.

    If I was a landlord (used to be) I’d be talking to my lender first, then waiting fo the tenants to come to me so I could answer them quickly.

  • OzHunterNSW on 03/04/2020 - 13:21

    This is what happens…. and can collapse the entire structure.

    This should have been discussed in agreement… with bond taken…. you did get a bond, didn't you

  • regretfulshopper on 03/04/2020 - 14:23

    You need to review what the break lease terms are in your lease agreement. Each of you are co-tenants and liable to the terms in the lease agreement; if your leaving housemate meets these terms ( regarding breaking the lease) then, they can indeed vacate. I've recently filled a room in a sharehouse during this crisis and I will say, it was not easy. It wasn't impossible, however!

    Your next steps, if not already taken would be; review the terms in your lease, involvle your REA and start advertising the room asap.

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