Tenant : Question over Lease

[jobbyc]

Hi,

Myself and a Friend signed a 6 month lease with an agency for a flat. We only put down a $100 deposit and said would come back for the other details. In the meantime we found a different flat, agreed to it and moved in. We contacted the Agency and left a voicemail to say we didnt want the flat anymore.

Few weeks later we got a phone call looking for overdue rent, we explained the situation and they got our current address and said would get back to us. This was at the start of March, now in the post a letter has arrived saying we have a date with the tenacy tribunal in regards this property.

Does anyone know where we stand? Will we be liable for money? We never paid any more of a deposit or got any keys or anything?

[ream]

Well as far as I know, if you signed a 6 month lease like you say, then you're liable for 6 months rent - that's what a 6 month lease means. Would have been safer to make sure the agent had got the original message AND they'd agreed to let you off before going ahead & signing up another lease. Sounds like there's been a gaping hole in communications with this one, although in both directions (ie the fact they didn't get back to you but put in a TT application weeks later instead). That will probably work in your favour at the TT but at the end of the day you signed the lease & didn't get confirmation that it had been cancelled.

[Keys]

Hi,

Myself and a Friend signed a 6 month lease with an agency for a flat.

Pay up. You're responsible for 6 months. Period.

[drelly]

From what you've said, you're probably liable to pay rent until the landlord can let it to another tenant... even if that takes 6 months.

[revdev]

The onus was on you to try and get out of the signed contract, so leaving a message on the agent's voicemail simply isn't good enough.

The agent would have been in no hurry to communicate with you, knowing that they could apply to the TT and get a result. By asking for your current address, shows that the Property Manager was one step ahead of you the whole time.

I concur with the others in that you are up for 6 months rent. Just be thankful that you didn't sign a 1 year tenancy agreement.

Not good news, but you'll know better next time.

All the best.
G

[MoatMaster]

Yup total argreement here it seems. You signed a binding contract & there was no onus on owner( or PM) to let you out of yr contract.

From the owners perspective (& their PM) the moment you signed their contract, that property was no longer available to rent to anyone else for 6 months.
A tenancy lease is just as binding as any other legal contract & should be treated with just as much importance as any other legal contract you enter into i.e. a phone message does not suffice if you are still holding the can if no further action is taken.

[jobbyc]

Darn, thats what I was afraid off. We were just sure as we never took any keys or paid any money that it was just written off. Now this. Im only over here for 6 months on a working holiday visa and cant afford to pay 6 months of extra rent.

[Sinical Cyd]

what a desperate agency!...must be near impossible to rent...over priced I bet...

[Green Fish]

Forget about it

Yes, you are probably liable for the 6 months rent - in NZ.

But you are not domiciled in NZ - so finish you holiday, return home, and forget about it. No sensible landlord will start legal proceedings over something like this.

[jobbyc]

Trust me its tempting, but we really wernt trying to scam anyone and thought it was all done with. dont really wanna have to flee the country early cause of this. Due to be here til end of Sept.

[ream]

When's the TT date?

[revdev]

Darn, thats what I was afraid off. We were just sure as we never took any keys or paid any money that it was just written off. Now this. Im only over here for 6 months on a working holiday visa and cant afford to pay 6 months of extra rent.

While you are contractually bound by the Tenancy Agreement, give the PM a call and try to come up with a compromise.

As Drelly said, tell them you will cover the rent until a new tenant is found - they would have to be pretty mean spirited not to go along with this. I doubt it would take them 6 months to find another tenant, and most landlords would be uncomfortable having a property empty for that length of time, even if some money was coming in.

G

[ream]

While you are contractually bound by the Tenancy Agreement, give the PM a call and try to come up with a compromise.

As Drelly said, tell them you will cover the rent until a new tenant is found - they would have to be pretty mean spirited not to go along with this.

Just what I was going to say. I think the TT will also take that into account - the landlord needs to be trying to fill the place with new tenants if they know you're not moving in. And particularly if you tell them you can't (not won't) pay them 6 months rent.

There's a word/phrase for it, isn't there? Something about being bound legally to take action to limit your losses?

[Keys]

Just what I was going to say. I think the TT will also take that into account - the landlord needs to be trying to fill the place with new tenants if they know you're not moving in. And particularly if you tell them you can't (not won't) pay them 6 months rent.

There's a word/phrase for it, isn't there? Something about being bound legally to take action to limit your losses?

"Mitigate"

[ream]

Thanks Keys I meant, isn't there a phrase in the RTA about the landlord HAVING to do it?