Is it considered a break clause in tenancy agreement if the agency is not actively advertising the property for rent to

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Customer: Is it considered a break clause in tenancy agreement if the agency is not actively advertising the property for rent to new prospective tenants, because they are not legally doing their job in 'minimising losses'?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Victoria Australia
JA: Has anything been filed or reported?
Customer: Dad recommend contacting VCAT and a mate refered to legal aid and a house mate said to seek a tenants protection group??
JA: Anything else you want the Lawyer to know before I connect you?
Customer: What else should I say? I've made a claim to VCAT through email yesterday. The agency has been very dismissive of my attempts to reach them in breaking off my lease smoothly...I keep notifying them I intend to move out by the 1/03/2020. Is vacating and breaking a lease the same?
Answered by Daniel in 14 mins 2 years ago
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Daniel, Expert


They need to be pro active. Meaning, they need to advertise.
It is that simple, and VCAT will agree. The agent knows this, they are just playing the game, as it were.
File in VCAT, hopefully that will trigger a reaction and be pro active.

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