Breaking the lease or transfer of tenancy?

[stranezza]

We're going to move from the unit rented by us now to the bigger house. We've already found people wishing to move in this unit. Is it possible to come with them to the agent, to include them into tenancy agreement and then to exclude us, therefore avoiding breaking lease penalties? I don't wanna pay the penalty because there were us who found the

Comments

[katrina_splat]

I think you're right. Contact the agency and ask them, but I'm fairly sure it should be okay.

Bond transfer is tricky, there are several ways it can go. This site might help you http://www.housing.qld.gov.au/renting/index.htm

I got a little folder from our agents when we moved in, and it had a booklet that I think covered this stuff...maybe have a search to see if you have one too? Hope that helps, sorry I couldn't give personal experience.

[stranezza]

Thanks! We've got heaps of booklets too, i'll look carefully.
The idea of transferring the tenancy comes from our contract, where is written that theoretically it's possible, but in fairly slippery wording... The agency in this case loses the "advertising cost fee", so I'm not quite sure that they will be happy to help me in this situation =)

[phaerielike]

we had a similar situation and it can get tricky. the agent will probably want to inspect the house before any bond is given back though. From what i understand the bond authority cant swap all tenants, only one or two at a time (providing there are more than that on the lease). to do a full swap the agent needs to approve the bond being released etc.
the agent will prob also want to do reference checks etc on the new tenants as well.
this is more formality than anything though so dont stress too much about it, just be prepared fo rthem to tell you about it.

[bexor]

You will probably also have to pay administration fees to change over the lease. I know this usually happens when you add someone onto one.

[illdrinn]

Generally there will be a lot of push back from the agency because as you say they lose fees for the reletting.

You can rent directly to your new tenants in a subletting agreement where you would still hold the lease and be directly responsible for them; alternatively you can request a transfer of lease but the new tenants are generally subject to the same kind of background checks you would have had when you moved in and if they get rejected then you're back where you started.

In the case of a sublet agreement they would keep your bond as you would be responsible for the sublet tenants impact on the property, a transfer would usually trigger a transfer of bond.