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  1. #1
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    Default Real estate/Legal question...

    We have broken lease on our rental and have paid the RE to find a new tenant. It has been over 5 weeks with 2 applicants denied.

    The last applicant was actually approved by the RE and landlord. We were told they would be signing a new lease today.

    This morning I got a call saying the LL has changed his mind because whilst they were happy to begin with the LL's wife (local gossip) doesn't approve of the applicants "after hours lifestyle" WTF!?!

    Do we have any legal leg to stand on? I completely understand that a LL can change their mind, but are they actually allowed to approve an applicant who they were very happy with, all referrals checked out then say no due to "gossip" the wife has heard?

    Do we have any chance of fighting this? Because we actually don't think anyone is going to take over our lease!

    We can not afford to pay anymore rent on this house, we don't know what to do.

    Any help would be greatly appreciated.

  2. #2
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    Default Real estate/Legal question...

    My info is a bit rusty as have been out of it for 3 years, but the RE and LL have to take all reasonable steps to get a new tenant in ASAP.

    I would say that you're not happy that they are knocking somebody back that was already approved due to gossip and that you will be talking to the tribunal about your rights. See if that puts a rocket up them.

  3. #3
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    You can generally ring Consumer Affairs or Tenancy Tribunal and ask them that exact scenario and they will advise you. It doesn't sound right to me.

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    Default Real estate/Legal question...

    Did the agent actually say the wife didn't approve ?

  5. #5
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    I thought it wouldn't have mattered as you broke the lease you are obligated to pay until new tennants occupy

  6. #6
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    Have you been in touch with your local tenancy advocacy service? I've always found them to be really helpful. They will be able to direct you in the right direction, help you negotiate, etc..

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    Default Real estate/Legal question...

    Quote Originally Posted by grooviechic35 View Post
    I thought it wouldn't have mattered as you broke the lease you are obligated to pay until new tennants occupy
    If the agent and landlord are hindering the process of finding a new tenant then you can take it to the tribunal and in some cases be excused of the obligations due to their behaviour is my understanding.

  8. #8
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    Default Real estate/Legal question...

    Thanks for the replies.

    We called the RE and she actually told us that she is furious with the LL and the embarrassing position he has put them in. She said that they are not renewing their contract with them over this and "off the record" told us that the LLs wife was indeed discriminating against the applicant and to get in touch with the tenants union ect.

    We did get in touch with them and a few other sources and were told that the LL can not do what they did but it's all in the grey and pretty much told us to put our efforts into finding a new tenant because it would cost too much to fight them

    But it anyone else is declined they will back us...

  9. #9
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    We had tenants break a lease a couple of months ago (Qld) and we had to be as reasonable as possible in finding a new tenant otherwise we knew they could take us to tribunal. Five weeks is a long time! Rejecting an applicant because of gossip seems a bit dodgy, I wonder if they would be as picky if their house was sitting empty...

    I'd contact the tenancy tribunal. Good luck

  10. #10
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    Oh, didn't realize you'd posted an update. Hope it all works out!


 

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