租客打破租约要求退还Bond，要上VCAT

matt_deepblue

租客签了合同并交了Bond，后面说车库太小车停不进来并打破租约。中介Hocking Stuart 之前说，租客有义务付租金直到找到下一个租客，现在租客提交了VCAT, 现在要求上庭前和解，中介又问我们准备下一步怎么办?  坚持上庭如果败了是否需要全额退还Bond或者有其他费用，有经验得同学说说啊。


The lease break fee be waived entirely, as Hocking Stuart has only just been paid this in terms of a letting fee by the landlord for our tenancy commencement

Advertising costs of $175; We understand Hocking Stuart are out of pocket for this expense so would like to propose splitting this payment with you at $87.50 each

Rent owed until a new tenancy (from 13/03 to 17/04 - 36 days @ 65.71 per day = $2,365.56); We understand that the landlord would be expecting this rent, however, due to the circumstances, we would also like to propose splitting this payment with the landlord at $1,182.78 each.

We would be willing to have $1,270.28 deducted from our rent thats already been handed over, and all other monies paid returned to us.

Based on the social media grabs we sent through previously, we do still feel that if this case was to be heard at VCAT, we would not be liable for any costs at all, but do want to do the right thing by everyone involved.

Mylittlelover

车库太小不是breaking lease的理由，如果当时有inspect这个房子，签约的时候签了condition report，就表示已经接受了。

VCAT本身不收什么费用，记得有也是几十，一百这样，你问问你的中介帮你出庭要收多少钱就是了

nighttests

是有义务付租金到下一任租客，但是租客可以说中介不给力，没有及时找到租客所以多付了租金，所以邮件里提到的方案我觉得是最好的方案，收一部分租金，bond金退回

matt_deepblue

bello 发表于 2019-5-6 20:44
看样子房客是已经走了，楼主两手准备：一继续找下一个租客，二上庭。你没得选，该什么结果就什么结果。 ...

下一个租客已经找到了，中间大约有一个月的gap, 这个Bond是可以Cover的，但打破租约的租客要求退Bond

firststeps

中介太差，直接找中介领导，说你们这样我不找你们租了。

firststeps

看合同，如果合同里连租客破租怎么赔偿都没有写，还要这个中介有什么用？

多情圣手

中介帮你出庭的费用你要出了

不走寻常路

所以楼主可以接受这个吗？

cnmxiu

去呀

Ngshun

https://www.tuv.org.au/advice/breaking-your-lease/
If you have a fixed-term tenancy agreement (often called a lease), and you want to move out before the end of the fixed term, you may be able to end your lease in one of the following ways. You need to take care because some methods of ending a lease may involve costs.
If your landlord is in breach of any of their ‘duties’ under the Residential Tenancies Act 1997 you may be able to end your tenancy early. This applies if the landlord:

hasn’t made sure the property was reasonably clean and vacant when you were supposed to move in
doesn’t make sure you have ‘quiet enjoyment’ of the property
doesn’t keep the property in good repair
doesn’t provide locks that secure external doors and windows, or doesn’t give you a key when they change a lock
doesn’t replace a faulty water appliance with an A-rated appliance
To end your tenancy before the end of the fixed term for any of the above breaches of duty by the landlord, there are certain steps that you need to take.

The first step is to send your landlord a Breach of Duty Notice to inform them that they must fix the problem (and if appropriate, pay you compensation) within 14 days.
If the landlord fails to do so, you can apply to the Victorian Civil and Administrative Tribunal for a Compliance Order.
If the landlord doesn’t abide by the Compliance Order, you can send them a 14-day Notice of Intention to Vacate.
You can also send your landlord a 14-day Notice of Intention to Vacate if you have sent them a Breach of Duty Notice twice before for the same breach, and your landlord breaches that duty for a third time.
Hardship
If something unforeseen happens and it will cause you severe hardship to stay in the property until the end of the fixed term, you can apply to the Victorian Civil and Administrative Tribunal to reduce the period of your fixed term and allow you to end your tenancy. You should ask the Tribunal to hear your case as quickly as possible. You must continue to pay rent as usual, until the hearing has taken place. If you plan to apply for hardship, you must do so before you move out.

To claim hardship, you will have to prove to the Tribunal that:

there has been an unforeseen change in your circumstances (eg you have lost your job) and you will suffer severe hardship if the tenancy continues; and
the hardship you will suffer if the tenancy is not ended will be greater than the hardship of the landlord if the tenancy is ended
You may still have to compensate the landlord if you break your lease due to hardship (see Costs).

Hardship and family violence
If you are a ‘protected person’ on a family violence intervention order and you need to move out of the property to protect yourself or your children, you can apply to the Tribunal to reduce the period of your fixed term and allow you to end your tenancy on hardship grounds.

If you are excluded from a rental property due to a family violence order, you also have the right to apply to the Tribunal to reduce the period of your fixed term and allow you to end the lease early on hardship grounds.

Giving up possession
If none of the above ways of breaking a lease are an option for you, you can end your fixed-term tenancy early by giving up possession of the property. This is usually done by giving the landlord notice that you will vacate the property (ie Notice of Intention to Vacate) and handing back the keys when you move out.

Costs
Breaking a lease on the grounds of hardship or by giving up possession can be costly. The landlord can claim compensation for any reasonable costs they have to pay as a result of you breaking the lease.

The costs you could be liable for include:

a reletting fee (usually one or two weeks’ rent). This must be based on the fee that the agent charged the landlord so it is a good idea to ask for a copy of the invoice
reasonable advertising costs
rent until new tenants move in or until the end of the fixed term (whichever happens first)
What the landlord or agent may not tell you is that you only have to pay the reletting fee and advertising costs on a pro-rata basis. This means you only have to cover these fees for the remaining term of the lease for which the landlord did not receive rent. For example, if you leave 7 months into a 12-month tenancy agreement, there is only about 40% of the fixed term remaining so you only have to pay 40% of the reletting fee and 40% of the advertising costs.

Ngshun

就要看你有沒有landlord in beach or tenant hardship?如果没有、就看看你有设時间去庭或中介上庭了。我認爲用车庫理由真的很不合理、不过你问中介send 给你看淸楚當時租客Send 给中介要求break lease 的理由、以免中介隱藏他對租客的过失、

vivianjek

一边让中介赶快找租客，
另一方面上调解庭,想要省钱的话自己去就好了，准备好合同，condition report等，所谓的开庭其实先是由调解员调解，一人退一步，多少减些退给租客。
最怕中介隐瞒事实，上庭的时候才发现其他原因，如果只是车库的话租客应该打不赢的