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.
Why This Is the Correct Answer
Three months is inside the 6-month exclusion, so only Fair Trading approval would allow a new tenancy now.
Why the Other Options Are Wrong
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A NSW house being leased has a shared driveway, and the neighbour has a registered right of way to drive across it. The property manager plans to say nothing unless asked. What must the manager do?
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A NSW landlord has just exchanged contracts to sell a periodic-let house, and the contract requires vacant possession. What is the minimum termination notice for this ground?