by kathlazz  14/11/2012  584 Page Views
3 Comments  Commercial law, litigation, contracts, IP, property law
My daughter needs to move to Melbourne from Canberra for better job prospects and rental reasons. This was unexpected when she entered into a 12 month rental lease (due to expire 23 January 2013) and her current employment is due to end on 23 November after which she will need to find work. (She will initially be on welfare support until she finds something.)

On 10 September she gave her real estate agent the information that she would need to end her lease early (ie in November) and updated him with the date by which she would need to move out (23 November) about a month later as her last employment date had not originally been decided. She has continued to pay rent - 2 weeks in advance -while waiting for him to find another tenant but this has not happened so far. He has only had about 6 people through and has not had any open days.

She is now facing a frightening hardship situation because she will have no income initially and then insufficient income after her current employment ends. What should she do?

For example should she apply to the tribunal to break the lease under hardship grounds? (Would this scenario meet that requirement?) Should she set a vacate date and leave in the interim?

She has struggled with the rent for many months (I paid it for six weeks at one stage and I can't afford to keep doing that). The rental market is very expensive and there are poor prospects of jobs with better salaries in her field. For this reason she gave notice at work to move to Melbourne where she can get a better paid job and the rent is much more affordable. She also has the opportunity to share a house and other costs.

I think that the agent is dragging his heels.

Any advice appreciated. I have no idea what to do or what to advise her.