Ending a fixed-term tenancy early
Tenants cannot give notice to end a fixedterm tenancy early , however , there are options available if a tenant wishes to do this , and their circumstances legitimately require change .
Mutual agreement : Tenants can make a request to the landlord for their fixed-term tenancy to end early without penalty . The landlord and all tenants must agree to this , and any agreement of the terms and conditions and final dates etc should be in writing .
If a landlord does not agree , tenants can then request a lease-break process to begin , which a landlord cannot unreasonably refuse .
Fixed-term lease break : In a lease break scenario , tenants are liable to pay reasonable costs assosicated with finding a new tenant , as well as rent on the property until it is retenanted . Fees charged to the tenant can only be for actual and reasonable costs , and evidence of this should be provided , with a cost breakdown if requested . Examples of charges a tenant may be liable for include , but are not limited to :
• Rent until the property is re-tenanted
• Costs to re-tenant the property , including advertising and time held for viewings etc
• Tenant vetting and administration costs e . g credit checks
• Costs to maintain the property until it is re-tenanted e . g lawns and gardens , and maintaining supply of services such as power to the property
Breaking your tenancy can be a costly experience and we encourage you to contact your property manager first to discuss your options should your circumstances change .
Fixed-term tenancy assignment : Tenants can request to assign their tenancy to another party if legitimate circumstances require this . Landlords must respond to any such request within a reasonable timeframe .
Landlords retain their rights to conduct necessary vetting and checks on any proposed assignee and can decline this request if evidence can be shown that the proposed tenant is not suitable . The existing tenant is liable for any reasonable costs associated with the assignment process , and evidence of this should be provided , with a cost breakdown if requested .
If the existing tenant cannot provide legitimate reasons for the assignment , if the proposed new tenants are not appropriate , or they cannot take on the remaining length of the tenancy term , the assigment request can be declined .
We recommend you speak with your property manager before making any requests for a tenancy assignment to ensure the process is handled properly .
Periodic tenancy
Under a periodic tenancy , the agreement is ongoing and ends only when the tenant or landlord gives the correct notice to terminate the tenancy . This concept remains the same with the implementation of The Residential Tenancies Amendment Act 2020 , however , notice periods and the reasons required for termination have been updated .
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