Tenancy Contract advice - PLEASE HELP!

My current l/l gave us notice on Aug 20th giving 2mths notice to vacate Oct 20th as he had sold the property.


We managed to secure an exact apartment opposite but new l/l didnt want to wait until 20th Oct for us to take occupation. Both my husband and real estate agent emailed our current l/l and asked to vacate early on 30th Sept and he agreed by email this was acceptable.


Immediately we signed our new tenancy agreement to and it was only when my husband email current l/l to sort out finances that he said it was our decision to vacate early and we had to pay until 20th Oct - obviously we misinterpreted his email and so did our chinese agent. We can ill afford to pay for 2 lots of rent.


Can anyone give me any legal advise on this issue?


I am so angry we have been duped like this. My agent is trying to negotiate with our new l/l to delay our occupation by a week but still it leaves us out of pocket.

Was your lease for your old flat about to expire? The reason why I ask is that your landlord cannot end a tenancy just because he sold the flat.


If so, you don't have to move out to keep the old landlord "happy". An option is to point out that, by law, the tenancy continues with the new owner (some legal points about transfer of deposit, etc.) and that either he accepts you move out on Sept 30th and only pay to that date OR you stay put.

Our lease at our current flat was for 2 years but we agreed the landlord or tenant had option to terminate the lease at any time after the first 12 months by giving the other party no less than 2 mths written notice.


It now seems our new flat is not quite ready and our agent has managed to get new landlord to agree we delay moving in by 1 week. We are still $17,000 out of pocket. Whilst I still feel it was the agent's fault, he is a nice guy and has already shelled out money on wardrobe cupboards in the bedrooms out of the commission money since our new l/l wouldnt pay for them.


Claire, you seem to be very knowledgeable, do you think we will stand any chance taking this to the small claims court.


Appreciate your help.

Claire or anyone can anyone make a comment on our sitation

There is not really a lot you can do at this point because you have signed a new lease. I agree with Claire's suggestion if you had not signed your new lease. Did you communicate the financial problem that you may face by paying two rents for a period of 2 weeks - if so the agent should have tried to negotiate a rent free period of 1 to 2 weeks for you with the new landlord. However, if you have signed your new lease you are stuck with the commencement date unless the new landlord agrees otherwise.


Legally, you are obliged to pay rent to your existing landlord til 20 Oct and to your new landlord commencing 7 days after the original start date (as he has agreed to the later start date).