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Seeking Guidance on a Challenging Situation with My Property Manager

Hello everyone,

I find myself in a challenging situation and am reaching out for advice and assistance regarding a difficult property manager. Currently, I am the sole ‘Original’ tenant in a rental property located in Sydney. In addition to me, there are two co-tenants who moved in after the original lease was established. Both of these co-tenants were officially approved and added to the lease by the managing agency.

My Plans and the Current Lease Situation

Recently, I purchased my own home and am now preparing to leave the rental property, with approximately three months remaining on the current one-year fixed-term lease. I understand that it is possible for me to transfer the entire tenancy to my co-tenants, provided that I obtain written approval from the landlord. This right is specifically outlined in section 74 of the Residential Tenancies Act 2010, which is also reflected in my rental agreement.

Communication with the Property Manager

When I approached our property manager for help in arranging this lease transfer, their response was quite discouraging. They stated that since I am the only ‘original leaseholder,’ if I decide to vacate the property, then everyone, including my co-tenants, would have to leave, and a break lease fee would be applicable. In response, I pointed them to the relevant clause in the rental agreement that mentions the possibility of a complete tenancy transfer with the landlord’s approval, but unfortunately, they have chosen to ignore this piece of information.

The Stance of My Co-Tenants

Both of my housemates enjoy living in the property and have no intention of leaving. However, the property manager has been adamant in refusing to acknowledge the option for a lease transfer, insisting that an original leaseholder must always remain in residence. This condition is not found anywhere in either the rental agreement or the Residential Tenancies Act, leading me to feel frustrated and concerned about the situation.

Next Steps: Contacting the Landlord

Given the property manager’s refusal to facilitate this request, I am contemplating reaching out directly to the landlord to seek their written approval for a tenancy transfer. I understand that the landlord has the right to deny my request, but I have strong doubts that the property manager has even approached them about this matter, as it seems they are operating under their own set of rules.

My Concerns

My primary concern is that I do not want to force my housemates to vacate simply due to a change in my circumstances. Additionally, I am hoping to avoid incurring a break fee that would add financial strain in light of my recent home purchase.

Assistance with AI Legalese Decoder

In navigating this complex situation, I am considering using the AI Legalese Decoder. This innovative tool can assist me in understanding my rights and options more clearly, breaking down the legal jargon present in the Residential Tenancies Act and my rental agreement. By clarifying the legal terms and outlining my rights as laid out in these documents, the AI Legalese Decoder can help me strategize my approach, whether it involves directly addressing the landlord or preparing my case against the property manager’s unfounded claims.

Request for Advice

If anyone has experience dealing with similar issues or can provide suggestions on how to effectively handle this situation, your input would be greatly appreciated. Do you think the property manager has any legitimate grounds for their stance? How can I best proceed from here to ensure a smooth transition for all involved? Thank you in advance for your help!

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