Charging a Fee for "parting with possession of the premises by the tenant"

[Son of G]

I have had a read of the Residential Tenancies (Prohibiting Letting Fees)Amendment and noticed a reference to section 44(5) (which explicitly remains in force).

Section 44(5) allows for the charging of a tenant "expenses reasonably incurred" when there is a "parting with possession of the premises by the tenant".

Do you think this applies to all tenancies or just the departure of flatmates?
Does it apply to just fixed term tenancies or to periodic ones too?
Does anyone currently require a tenant to pay for departure expenses?


BTW: Letting fees are banned from 12 December this year if the bill gets through the law making process before then.

[Keys]

Yup.

Anything the tenant wants to change is fair game.

The last one we did was over $800 for a FTT break.

Current one is above $250 and climbing. Another FTT break.

[Son of G]

Have you charged a departure fee for the end of a periodic tenancy?

[Keys]

^^^ That is unlawful. No.

[John the builder]

Section 44(5) allows for the charging of a tenant "expenses reasonably incurred" when there is a "parting with possession of the premises by the tenant".....Do you think this applies to all tenancies or just the departure of flatmates?

flatmates are not covered by RTA? why would it apply to them??

the key is "reasonably incurred", Expenses at the end of an agreed term would be anticipated by the contract and not reasonable unexpected expense?