A NSW landlord ended a tenancy on the ground that her son would move in for at least 6 months. Three months after the termination date, her son takes a job overseas and she asks the agent to find a new tenant straight away. What should the agent advise?
Correct Answer
C) She cannot re-let yet unless NSW Fair Trading approves a re-letting application
When a landlord ends a tenancy because they or a family member will move in, a 6-month re-letting exclusion period applies from the termination date, although the landlord may rent to the family member. It is an offence for a landlord or agent to rent out a property during an exclusion period. If circumstances change beyond the landlord's control, she can apply to NSW Fair Trading using the re-letting application form for approval to let it earlier.
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