Breaking Lease VIC

Lcheapelf on 07/04/2020 - 20:37

Hi all,

My partner and I are currently renting a 2 bedroom unit. Due to COVID and us being doctors, he will be compulsory deployed to a rural hospital (3.5 hours from Melbourne) for 4 months. We have decided it is best to break the lease (will have 6 months remaining). In addition, there is a giant hole approx 30xm in diameter right over the stove, wafting insulation into the house. This is due to the stove fan cover falling down and the plumber the agent brought out not being able to find the correct size fan so we’re now left with this hole (he attempted to cover it with cardboard however that is falling off now)

My question is - can we break the lease on the grounds of the unit being unliveable? We understand we do not qualify for financial hardship as well, but the deployment to the country was unprecedented. We are also first year doctors so not like we’re making heaps

Any advice/guidance, even for how to break the lease and structure the email, would be much appreciated

Thank you

Financial

Comments

  • redforever on 07/04/2020 - 20:49
    +1

    I presumed you are employed by the department of health? Do they not provide relocation costs or living away from home allowance?

    I don't think the hole in the wall is sufficient to break lease. You can ask the agent to send someone to cover the hole if you can't do it yourself.

  • donaldlj on 07/04/2020 - 20:53

    The hole in the wall would not constitute grounds to break the lease. Hence if you break the lease I would say the landlord has legal grounds to recoup the 6 months lost rent. I would say try to negotiate with the landlord. Maybe if you were to pay 3 months rents as compensation, the landlord would take it in the hope to find someone quick and hence financially be ahead, but not try to enforce the other 3 months lost rent.

  • theHMASfriendship on 07/04/2020 - 21:15

    us being doctors

    What sort of doctor? I'm a doctor of love, personally.

  • Trying2SaveABuck on 07/04/2020 - 21:17

    They cant make you pay out your lease they can refuse to give you your bond back

    I dont think you have grounds to break your lease based on the hole…

  • GoldenDragon888 on 07/04/2020 - 21:20

    Check if the hospital will provide relocation costs.

    Also see tenants Victoria for assistance. https://www.tenantsvic.org.au/articles/files/resources/break…

  • Zonty on 07/04/2020 - 21:25
    -1

    Small unit apartment it will cover by any new ausee couple tenant who get government job keeper they can get up to$6000 per month so even you breach contract they will not charge 6 month of rent they will try find tenant asap and they will charge lose of rent since you vacant property to date find new tenant plus some advertising cost.

  • rookie317 on 07/04/2020 - 21:31
    +1

    Firstly, thank you both for your service.

    I don't think you can or should break your lease based on that hole. We're all facing this hard time together, some more than others. While I don't have anything against you or the landlord, I think expecting to end your lease without some sort of compensation is not a just way to do, especially since it's quite unlikely he can get a new tenant anytime soon.

    I think there're 2 things to do:
    - Is there a break lease clause in your contract? In NSW, generally there is a 4-6 weeks fee depending on the lease duration, I'm not sure about VIC though. If there's none, your only route is to negotiate with the landlord for a fair amount. If you both couldn't come to an agreement, you'll most likely have to take it to VCAT.
    - Since your deployment is compulsory, like someone above already stated, shouldn't your employer have some sort of relocation/allowance package?

  • Icecold5000 on 07/04/2020 - 21:32
    -5

    If you’re both doctors most likely with a joint income of 200k+ why don’t you hire a lawyer lol.

  • Xetrok on 08/04/2020 - 00:15
    +1

    You would be entitled to a small rent reduction ie. $5-10 per week most likely.
    This hole doesn't make the dwelling unlivable or unsafe.
    It's a contract so you will have the remedies available to you in the contract.

    What does your rental contract stipulate about breaking lease?
    You have the option of course, although there will be penalties and it won't be a get out of jail free card.

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