Ending a tenancy

Information on ending a residential tenancy

There are various reasons why a tenancy ends, ranging from the tenant simply wanting to move on, to cases where the landlord or tenant has not kept to the terms of the agreement. How to deal with it properly depends on whether the agreement is a fixed term tenancy or a periodic tenancy.

You want to end a tenancy

You may end a periodic tenancy agreement without having to provide a reason, but you must give a minimum of 21 day's notice in writing. The day that notice is given is taken as the day of personal delivery or the day following the postmark on the letter.

You can give two days' notice to end a tenancy agreement if the premises are destroyed, or are compulsorily acquired by law or become uninhabitable (this applies to both periodic and fixed term tenancies).

You can seek an order from the Magistrate's Court to end a fixed term agreement if the landlord has not kept to any one of the terms of the agreement and refuses to fix the problem. A fixed term agreement may also be ended by written agreement signed by the two parties.

Apart from the above situations, you are committed to a fixed term tenancy agreement for the duration of that term.

If you break a fixed term agreement without the written agreement of the landlord, you may be liable for rent and maintenance expenses on the property until the landlord finds a new tenant or the original tenancy period expires.

You may also be liable for reimbursement to the landlord for the advertising costs of finding a new tenant. In this situation, the landlord has a duty to take necessary steps to reduce any losses, such as advertising to find a new tenant straight away. If the property is managed by a real estate agent you may be liable for the unexpired portion of any letting fee.

You must also give the landlord a forwarding address at the end of a tenancy.

The landlord wants to end a tenancy

A landlord may want to give notice to end a periodic or fixed term agreement, or take the matter to court if:

you're behind in rent payments, or present a bad cheque;
you fail to keep to the provisions of the tenancy agreement, other than rent arrears (seven days' notice after the tenant has been given 14 full day's notice in writing to put matters right),
the premises are destroyed, are compulsorily acquired by law, or become uninhabitable (seven full days notice).

In the case of periodic tenancies, notice can also be given by the landlord if:

the property is to be sold and the contract involves handing over vacant premises (minimum of 30 full day's notice),
the tenancy is to be ended without giving any reasons (minimum of 60 full days' notice).

The landlord may end a tenancy through the Magistrate's Court if the tenant has intentionally or recklessly injured the landlord, agent, or a neighbour, or caused serious damage to the premises.

Apart from these circumstances, a fixed term tenancy may also be ended:

by written agreement signed by the two parties, or
if a magistrate is convinced an owner would suffer undue hardship if the agreement were not ended under any other provision of the Act. (In these circumstances the court will usually order the owner to pay the tenant's costs).

Eviction

If you receive proper notice to end an agreement but refuse to leave, the landlord can seek an order

from the court to end the agreement and take possession of the premises.

The landlord must apply for the order within 30 days of the moving out date shown on the notice. The order can be enforced with a warrant authorising a Bailiff to evict you. The landlord is not permitted to change locks, turn off the electricity or take any other action to force you out of the property, unless authorised by a court.

You can ask for an order by a magistrate to be suspended for up to 30 days if the situation is likely to cause you hardship. You have some protection under the Act if you believe that action to evict you was due to complaints you made in the previous six months to a public authority, or other steps you took to enforce your rights. You can remain in the rental property until the matter goes to court and can argue against the ending of the agreement.

You cannot be forced out of a property without a court order. This applies to all tenants. Any other method of eviction is unlawful under the Act.