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nippa&pippa
19th April 2007, 11:02 PM
I had casual chat with my landlady today as she came around for 3monthly check (been there for 6months now!) about leaving earlier. We had contract for 12months rental till end of oct, but after found out I was expecting and finally sold the UK house, we are now looking for house to move out before the baby born in Sept, ideally before i get too big!!. I explained that we would like to move out earlier instead of end of oct as doesn't want to move with newborn baby. She said she will discuss with owner or something similar about it as contract is fixed, but in my case, it is likely to break. She did warn me that I may have to pay for rent till they found new tenants and to pay for advertising the place.
My kiwi friends said that I got strong case to move out and shouldn't pay for rent while it is empty....
Can anyone help me on this....?

KerryS
19th April 2007, 11:35 PM
If you can find new tenants to take over the remainder of the lease then you won't have to pay. I've been in this situation before and just advertised on TradeMe for new tenants.

willsken
19th April 2007, 11:51 PM
Sounds about right to me. I would do as Kerry suggested and try and find tenants yourself. I know in the UK our tenants want to move out but can't until the contract is up.

barryp
20th April 2007, 12:14 AM
My kiwi friends said that I got strong case to move out and shouldn't pay for rent while it is empty.

If you signed a fixed-term lease, your friends are mistaken; you're on the hook legally for the full term of the lease. You would have no case whatsoever with the Tenancy Tribunal.

The landlord can find replacement tenants, or you can. But until someone else pays rent, you have to.

It sounds like your landlord is being reasonable. So you'll probably be able to work it out directly.

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