Don’t break your bank by breaking your lease

Don’t break your bank by breaking your lease
David AireyDecember 7, 2020

Rents in metropolitan Perth dropped further in recent months, down by $10 per week this year following a $10 drop towards the end of last year. The median rent is now $450 per week across city suburbs.

REIWA data shows this typically breaks down to around $460 per week for a house and $440 for a unit or apartment.

Our data also shows the vacancy rate across Perth remains high at around 4%, due largely to the economic and population slow down. It has also been boosted by many tenants having left the rental system to buy a home of their own.

The long term equilibrium for vacancy rate across Perth is 3%, so the current rate is around one third higher than it might ideally be.

Our figures show there are around 5,000 metropolitan rental properties on the market which is 56% more than the same time last year.

As the number of rental properties swell and overall rents come down, the number of people breaking their lease to find a different property has jumped significantly.

The changed conditions mean that some people are breaking leases to move into a more affordable dwelling, a larger premises or maybe a home in a much better location to suit their needs.

These outcomes are understandable and REIWA property managers are experiencing a significant increase in the number of enquiries from both tenants and property owners asking about the costs involved in breaking a lease.

Tenants need to understand that a lease is essentially a contract between two parties and leaving the premises before the agreed termination date is a breach of that contract.

Under the Residential Tenancies Act, the property owner is entitled to be ‘no worse off’ as a result of any breach by the tenant. As such, they can claim from the tenant any costs, such as rent until the premises are re-let or the original period expires, the charges for advertising for a new tenant and any unused portion of the letting fee.

These claims could add up to several thousand dollars billed against the outgoing tenant, particularly if the premises they vacate takes a while to secure a new tenant. This can be devastating to someone who has broken their lease, started renting a new property and is now effectively paying rent on two places, one of which is empty.

It’s very important therefore, that if a tenant is thinking of breaking their lease for whatever reason, that they talk to the property manager about the potential costs so they can make a considered decision about timing and budget.

This article was originally published on reiwa.com.

Image courtesy of SeniorLiving.Org/Creative Commons.

David Airey

David Airey is president of the Real Estate Institute of Western Australia.

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