Hello - my husband and myself have signed a standard form residential tenancy agreement. Under the terms portion, it states "26 weeks starting on 29/11/2019 and ending on 28/11/2020". Furthermore, we received an official welcome letter stating "we have been approved for a 6 month lease". The agent is stating this is a break lease as it is a 12 month lease and we feel otherwise, that it is a 6 month lease and are wanting to vacate the property after the 26 weeks. I've spoken to NSW Services and have been informed to take the matter to Tribunal. In my option, this is a contradicting statement on the binding agreement and therefore is non valid. Any advise would be so much appreciated.
Provided the only error is the "28/11/2020" and you've got sufficient other material showing 6 months, you'll probably be in the right. For example:
- Lease says 26 weeks;
- Welcome letter says 6 months;
- (Presumably) you only applied for 6 months, etc.
- Lease says 26 weeks;
- Welcome letter says 6 months;
- (Presumably) you only applied for 6 months, etc.
Then it would seem the "26 weeks" is the error and you've got a 12 month lease. The difference is that they can show your intention to receive a lease longer than 6 months.
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