Ending a tenancy agreement

The ways a tenancy agreement can be ended fall into 3 broad categories:

  1. Ends normally: At the end of a fixed agreement or during a periodic agreement by giving the correct notice.
  2. The tenant and lessor/agent mutually agree in writing.
  3. There is another issue such as:

To end an agreement the tenant must give the lessor/agent/manager a Notice of intention to leave (Form 13) or Form R13 for rooming accommodation, or the lessor/agent gives the tenant a Notice to leave (Form 12) or Form R12 for rooming accommodation using the correct notice period.

All the keys must be returned (even extra keys the tenant had cut).

The premises must be left in the same condition as when they moved in (except for fair wear and tear).

The Exit condition report (Form 14a) and Refund of rental bond (Form 4) or Form R4 for rooming accommodation must be completed.

Fast facts:

  • A fixed term tenancy agreement ends when the end date has been reached and the tenant gives the agent notice that they will be leaving or the agent gives the tenant notice to leave. Otherwise the agreement continues as a periodic agreement.
  • Under a periodic agreement the tenancy ends when the tenant or agent give the correct notice.
  • Correct notice periods must be given in all cases.
  • A tenancy may continue if the tenant and lessor/agent agree even if no new tenancy agreement has been put in place. This becomes a periodic agreement.
  • A fixed term agreement means that the tenant or resident will stay until the end date and has committed to pay rent until that point. If either party wants to end the agreement early they may have to pay compensation and/or remaining rent.
  • An agreement can be ended early by either party under certain conditions.

 

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