Resident leaving (Form R13)
The Resident leaving form is given to the property manager/owner when the tenant wants to end the accommodation agreement and leave by a certain date.
The tenant can use this form:
- to end a periodic agreement
- at the end of a fixed term agreement
- when the property manager agrees in writing to end a fixed term agreement early, or
- if they have grounds (reasons) to leave a fixed term agreement early.
Property manager/owner breaches the agreement
If the tenant has issued the property manager owner with a breach notice and the property manager/owner has not fixed the problem by the date on the notice they must give at least 7 days’ notice before ending the agreement.
If the tenant is giving this notice because of an unremedied breach by the property manager/owner it does not guarantee they can end the agreement early without having to pay compensation.
Property unfit to live in
If the rental property has been destroyed, or made completely or partly unfit to live in, the tenant can end the accommodation agreement immediately—within one month of the event.
If the property manager/owner disputes the reason/s for ending a fixed term early, they should try to resolve the matter with the tenant first. If agreement cannot be reached, the RTA’s free dispute resolution service may be able to help.
When serving notices by post, the sender must allow time for the mail to arrive when working out when a notice period ends.
|Failure to remedy breach
|Premises destroyed or made completely or partly unfit to live in
|Fixed term agreement
A resident must give at least 7 days’ notice, unless the manager/ provider has breached the agreement. The tenancy ends on the end date of the agreement or the end date of the notice period (whichever is longer). Both parties can agree to end a fixed term agreement early but it must be agreed in writing.