Ending fixed-term tenancies

Our Experts Answer:

Under the Residential Tenancies Act, neither party to a fixed-term tenancy can give notice to end the agreement before the end date.

The Act allows a fixed-term tenancy to be ended early by:

• mutual agreement between all the people on the agreement, or

• by the tenant’s assigning their interest in the premises, or

• by Order of the Tenancy Tribunal.

If a landlord issues a 14 day notice, and the breaches contained in the letter are not remedied, the landlord can apply to have the tenancy terminated. Such an application could include the landlord seeking a possession order for the return of the premises to them, and the award of other costs for losses they incur as a result of the tenancy being terminated.

In the first instance you should speak with your landlord to try to resolve the issue.

Every tenant named on the tenancy agreement has tenancy rights and responsibilities. Anyone who signs a tenancy agreement with other people is taking on shared responsibility for the whole tenancy. This is called ‘being jointly and severally liable’. It means that if one of the tenants disturbs the peace, comfort and privacy of their neighbours or their landlord’s other tenants, then all of the other tenants can be held responsible.

For further information regarding landlord and tenant rights and responsibilities, including information on fixed-term tenancy agreements and the dispute resolution process contained in the Act, you can visit our website at www.tenancy.govt.nz.