I was renting a property fixed-term, based on some conditions I am moving out of the property. The property manager told

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Customer: Hi. I was renting a property fixed-term, based on some conditions I am moving out of the property. The property manager told me that I should either find a replacement tenant, or should pay the lease break fee and pay rent as long as it is not occupied by a new tenant.
I advertised it and found a potential tenant who said he wants to take it. We proceeded and he applied online on RayWhite’s system, signed the online application and sent to the property manager. Then, 2 weeks later when he had to pay the bond, he said he does not want it anymore. My property manager says I should now again pay the lease break fee and am back to square one. But the fact that the potential tenant has wasted 2 precious weeks of my time, and actually signed the agreement and submitted, doesn’t make him any obligation? I have only 12 days left, if I knew from 2 weeks ago I could advertise it or ask the property manager to advertise and get more people.
JA: What state are you in? It matters because laws vary by location.
Customer: I am in Auckland central, ponsonby
JA: What steps have you taken so far?
Customer: Nothing, property manager just told me now that I should pay the penatly.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that's all
Answered by Chris The Lawyer in 5 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Customer
Hi Chris. Sure.
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Chris The Lawyer, Expert

You can say to the property manager that the other person is bound by the contract because even if he had not paid the bond, he has signed a contract to lease. If the property manager refuses to enforce, you have an argument that you did find a tenant and it is up to the property manager to enforce this. However in case that doesnt work, you should see if you can find a replacement tenant anyway.

Customer
That is actually my question, by law can this work? I mean can I get out because he has signed and submitted to property manager?
Customer
If to do so, shall I submit complaint to tribunal?
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Chris The Lawyer, Expert

If he signed up but changed his mind, the new tenant is still bound by the contract. You cannot just change your mind

Customer
Okay. so I will say this to the property manager and proceed with lodging a complain. thank you
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Chris The Lawyer, Expert

You could make a claim in the Tribunal for any extra rent you had to pay because the new tenant reneged

Customer
Great, thank you very much
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Chris The Lawyer, Expert

Glad to help

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