Good evening (apologies for bumping this thread, but it relates to a similar situation I am currently going through.
The difference is that my landlord is claiming that in order to break a lease without penalty, I must give notice within 14 days of settlement. They have not been able show me where in the Act it says this, and to me, the wording of S100 is crystal clear and silent on any time frame. Furthermore, this precedent seems to corroborate my initial suspicion despite the fact the landlord and Fair Trading both tell me I have no claim (without highlighting specific legislation to back this up):
Szabo v Graham, Parslo (Tenancy) [2013] NSWCTTT 481 (25 September 2013)
So my question to you is, to your knowledge, must notice to break a lease be given within 14 days of SETTLEMENT in order to avoid penalty? Or am I ok to simply provide 14 days at any time after the sale and settlement?
Many thanks.
There is some further background on my situation here if you are interested, but completely understand if you're not or don't have time:
Has anyone successfully broken a lease in NSW without incurring a financial penalty? : sydney
