Bob is the answering machine in our office at TAS. Sometimes we wish he really could give tenancy advice!
Dear Bob
I have a really serious problem that I hope you will be able to help me with. My partner and I signed a 12 month lease about two months ago, however, two weeks ago my partner and I split up and he moved out. I have just been told that I have Ross River Virus and I can't work. I can no longer afford to pay the rent on my own, and I was wondering if there was any way I could break my lease?
Please Help, Stranded
Dear Stranded
Unfortunately, in WA there is no scope to break a Fixed Term tenancy agreement on the grounds of hardship, as there is in other Australian states (eg NSW). However, all is not lost, and you do have another option. Most real estate agents (REA) or owners are usually willing to come to some arrangement for you to break your fixed term tenancy agreement early. However, there are certain costs that you may be liable for if you choose this option. You would normally be expected to pay for any advertising costs associated with re-letting the property, as well as rent up until new tenants are found. If your property is managed by a REA you may be liable for other charges, such as a breakage of lease fee, and a final inspection fee. It is important to understand all the costs that you will be liable for, and to confirm these details in writing. Another important point to bear in mind is that once the agent/owner agrees to you breaking your fixed term tenancy agreement, they have a duty to mitigate their loss. This means that the REA/owner cannot sit back in the knowledge that you are paying the rent until the place is re-let. They must actively seek new tenants to minimise the cost to you. This process can be somewhat time consuming and frustrating, but it is the only way you can go about breaking your fixed term tenancy agreement. I hope you find this information useful, and I wish you well with your problem.
All the best, Bob
Dear Bob
I moved out of my last property at the end of my fixed term tenancy about a month ago. I was really glad to let out of the place because I had ongoing hassles with my REA. There were several major problems with the house, and despite repeated requests, the REA failed to carry out any maintenance, or install locks to a minimum standard. I always paid my rent on time, however, the REA got really annoyed when I tried to enforce my rights as a tenant. Since I have moved out I have been having a lot of trouble trying to get a new place through a real estate agent I have applied for about six properties, but I keep getting knocked back. I think that my previous REA may have given me a bad reference. What can I do?
Regards, Jamie
Dear Jamie
I think you may be right. Your REA has probably given you a bad reference because you tried to enforce your rights as a tenant, but worse still, you may have been listed on a 'tenant database'. Tenant databases are sometimes known as 'tenant blacklists'. Unfortunately, the use of these 'tenant databases' by REA's is on the increase. The databases are a list of tenants that a REA says are a bad risk. There are no laws covering 'tenant databases' or any other controls over what information is collected or given out. Presently, there is no formal appeal process for tenants to find out why they have been listed, or to correct or delete wrong information about them. It is up to the database company to decide what information will be kept and to whom it will be given.
If you think your name has been listed on tenant database you can write to the REA who you believe may have listed you on a tenant database. Ask them if you are listed, and if so, which company you are listed with and what the reasons are for your listing. Always remember to keep a copy of the letter you send and any reply you receive.
If you find out that you are listed, you can write to either the REA or the database company. If the information is wrong, or it involves a problem in the past that was fixed, explain your case and ask them to correct the information.
You can apply to the Small Disputes Division of the Local Court for an order that your name be removed from the tenant database on the grounds that it is unjustified. This course of action is yet to be tested. Like any court action, the result is never certain and will depend on how the person hearing your application interprets the Residential Tenancies Act (1987).
Ultimately this is a difficult process to follow with no guarantees of a positive outcome. If all else fails I would suggest that you try to secure a property through a private landlord. Many private landlords do not access the tenant databases, and an added bonus is that you would avoid having to pay a letting fee.
All the best, Bob