Simplifying the Break Fee –v- Indemnity Costs in a Residential Tenancy Agreement, NCAT decisions explained

23 Oct 2017

The Residential Tenancies Act 2010 provides a remedy for abandonment of a property by a tenant. We have received inquiries from our Members regarding the continued operation of the indemnity principle. Recently, there have been some NCAT decisions which have declared void, special conditions in leases regarding break fees. We asked Lisa Jemmeson from Jemmeson & Fisher Solicitors to clarify the position for our Members.

Read Lisa’s clarification on the legal issues here.

Lisa Jemmeson
Senior Associate
Jemmeson & Fisher Solicitors and Accountants

Jemmeson & Fisher are the providers of real estate legal advice to EAC and Lisa represents EAC on the NCAT Consumer and Commercial Division Consultative and General/Commercial Forums.

EAC members, your membership ensures that you have the guidance you need to be successful in your compliance, and should you encounter any issues related to real estate forms, sales or property management, our partners at Jemmeson Fisher are on hand to ensure you have the help you need. To obtain legal advice call 1300 137 161.

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