Due to unforeseen reasons, we need to break our lease on our second fixed term contract (6 months remaining).
Our rental agreement states we need to pay the following fees:
1. A pro rata letting fee;
2. Marketing costs as incurred by Agent;
3. The continued payment of Rental until the first to occur of the Premises being relet or the current term
of this Agreement expiring.
However, when looking at the relevant State case Law, we note that when breaking a lease after the first fixed term tenancy agreement, we should not be liable for a reletting fee or advertising fee, this is based on a VCAT case of Craig v Mitchell (2015).
If we were to contest the fees via VCAT, would they look more at the Rental Agreement or the case law precedence when making their determination?
Our rental agreement states we need to pay the following fees:
1. A pro rata letting fee;
2. Marketing costs as incurred by Agent;
3. The continued payment of Rental until the first to occur of the Premises being relet or the current term
of this Agreement expiring.
However, when looking at the relevant State case Law, we note that when breaking a lease after the first fixed term tenancy agreement, we should not be liable for a reletting fee or advertising fee, this is based on a VCAT case of Craig v Mitchell (2015).
If we were to contest the fees via VCAT, would they look more at the Rental Agreement or the case law precedence when making their determination?
