Hi all, hoping to find some answers as to where we stand re: adding housemate to a lease / subletting.
Moved into a new house on the 7th of Jan in QLD & originally applied with 4 tenants including myself. Before the lease started we decided to add another tenant to the lease application and all documents for this application were submitted by the 7th of Jan.
The real estate agent decided that they would wait until the first inspection to decide whether or not to decline this lease application. This was unknown to myself or the other 3 tenants on the lease & the 5th tenant continued to live in the house & pay rent for the last 44 days as we assumed it was just taking a while for his documents to be approved.
We recently had our first inspection & subsequently got an e-mail afterwards as feedback stating that the house was very clean & they were happy with things. During the inspection however, I brought up that the white carpet on the only stairs to the 2nd floor (where 4/5 of the house live) are likely to degrade more than the other carpet in the house purely because there is no other way to get up the stairs & they will be walked on far more often. I suggested this be made clear to the owner because they might want to do something to protect the carpet in the long term.
Agents subsequently e-mailed me back re: carpets suggesting that we pay for and install a floor runner to prevent damage to the carpets over the course of our tenancy. I e-mailed back saying this was inappropriate as we are already doing everything we can to mitigate damage to the carpets over our tenancy - no shoes on the carpets, regular professional cleaner every 2 weeks with frequent vacuuming inbetween etc. In no way were we trying to get out of paying for a steam clean as part of our bond clean at the end of our tenancy & in no way are the carpets actually dirty at the moment - my suggestion was purely one thinking about long term for the home owner to protect their investment.
The next e-mail I have states that the lease application for our 5th tenant has been declined as the "carpets are suffering" with too many tenants.
I have tried to contact the agent but have only managed to get through to their reception desk and have not received any replies from their e-mails. I have subsequently sent an e-mail outlining the entire situation as well as requesting a subletting application.
Am I right in assuming that they will not be able to decline this application "unreasonably"? Would the carpets possibly getting dirty from an additional tenant -- when they aren't dirty at all at the moment -- fall under reasonable grounds? Given the 5th tenant has been paying rent for 44 days already (+ 2 weeks in advance) is he illegally staying in the house at the moment / breaking our lease?
Thanks for your help.
ETA:
THe subletting clause of our lease reads as follows:
1 The tenant may transfer all or a part of the tenant's interest under this agreement, or sublet the premises, only if the lessor agrees in writing or if the transfer or subletting is made under a tribunal order.
2. The lessor must act reasonably in failing to agree to the transfer or subletting
3. The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way
4. The lessor or the lessors agent must not require the tenant to pay, or accept from the tenant, an amount for the lessors agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.
Moved into a new house on the 7th of Jan in QLD & originally applied with 4 tenants including myself. Before the lease started we decided to add another tenant to the lease application and all documents for this application were submitted by the 7th of Jan.
The real estate agent decided that they would wait until the first inspection to decide whether or not to decline this lease application. This was unknown to myself or the other 3 tenants on the lease & the 5th tenant continued to live in the house & pay rent for the last 44 days as we assumed it was just taking a while for his documents to be approved.
We recently had our first inspection & subsequently got an e-mail afterwards as feedback stating that the house was very clean & they were happy with things. During the inspection however, I brought up that the white carpet on the only stairs to the 2nd floor (where 4/5 of the house live) are likely to degrade more than the other carpet in the house purely because there is no other way to get up the stairs & they will be walked on far more often. I suggested this be made clear to the owner because they might want to do something to protect the carpet in the long term.
Agents subsequently e-mailed me back re: carpets suggesting that we pay for and install a floor runner to prevent damage to the carpets over the course of our tenancy. I e-mailed back saying this was inappropriate as we are already doing everything we can to mitigate damage to the carpets over our tenancy - no shoes on the carpets, regular professional cleaner every 2 weeks with frequent vacuuming inbetween etc. In no way were we trying to get out of paying for a steam clean as part of our bond clean at the end of our tenancy & in no way are the carpets actually dirty at the moment - my suggestion was purely one thinking about long term for the home owner to protect their investment.
The next e-mail I have states that the lease application for our 5th tenant has been declined as the "carpets are suffering" with too many tenants.
I have tried to contact the agent but have only managed to get through to their reception desk and have not received any replies from their e-mails. I have subsequently sent an e-mail outlining the entire situation as well as requesting a subletting application.
Am I right in assuming that they will not be able to decline this application "unreasonably"? Would the carpets possibly getting dirty from an additional tenant -- when they aren't dirty at all at the moment -- fall under reasonable grounds? Given the 5th tenant has been paying rent for 44 days already (+ 2 weeks in advance) is he illegally staying in the house at the moment / breaking our lease?
Thanks for your help.
ETA:
THe subletting clause of our lease reads as follows:
1 The tenant may transfer all or a part of the tenant's interest under this agreement, or sublet the premises, only if the lessor agrees in writing or if the transfer or subletting is made under a tribunal order.
2. The lessor must act reasonably in failing to agree to the transfer or subletting
3. The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way
4. The lessor or the lessors agent must not require the tenant to pay, or accept from the tenant, an amount for the lessors agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.
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