Important: Reasons/grounds and timeframes for ending a tenancy during the COVID-19 emergency period (until 30 April 2021) changed from 30 September 2020. This page reflects these changes.
The Resident leaving form is given to the manager/provider when the resident wants to end the accommodation agreement and leave by a certain date.
The resident 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.
If the resident is leaving on grounds of domestic and family violence, they will need to complete the Domestic and Family Violence ending residency form.
Manager/provider breaches the agreement
If the resident has issued the manager/provider with a breach notice and the manager/provider has not fixed the problem by the date on the notice they must give at least seven days notice before ending the agreement.
If the resident is giving this notice because of an unremedied breach by the rooming accommodation manager/provider it does not guarantee they can end the agreement early without having to pay compensation.
Residents who are impacted by the COVID-19 emergency and need to end their fixed term agreement early may be eligible for capped break lease costs equivalent to one week’s rent. For further information and eligibility criteria, please refer to the updated Residential Tenancies Practice Guide.
Property unfit to live in
If the rental property has been destroyed, or made completely or partly unfit to live in, the resident can end the accommodation agreement immediately—within one month of the event.
If the manager/provider disputes the reason/s for ending a fixed term early, they should try to resolve the matter with the resident 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.
|Form R13 – Notice of intention to leave – rooming accommodation
|Download (PDF 82KB)
Current version: v10 Dec20