Agreeing to break a fixed-term tenancy
Bob asks:
(updated on Monday, November 01st 2010)
Our Experts Answer:
Fixed term tenancies cannot be terminated by notice. A fixed term tenancy can only be ended early by mutual agreement between the landlord and tenant, or by the Tenancy Tribunal in certain circumstances. Where both parties agree to terminate a fixed term early, the details of that agreement should be recorded in writing, preferably on the tenancy agreement.
If you had an agreement with your landlord (or property manager if they are the landlord) to terminate the fixed term early, you may wish to remind them of the conditions agreed to as part of that agreement. If you and your landlord cannot reach an agreement over what was discussed and agreed to in order to terminate your fixed term tenancy, either party can apply to the Tenancy Tribunal to have the matter resolved.
The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.
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