Fixed term tenancy and noise issues
(updated on Tuesday, March 08th 2011)
Our Experts Answer:
Fixed term tenancy agreements cannot be terminated by notice. A fixed term 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, tenants can still be responsible for rent until a new tenant is found, or the expiry of the fixed term (whichever is earlier).
The details of that agreement should be recorded in writing, preferably on the tenancy agreement. If your landlord agreed to end your tenancy and commence a new agreement with your flatmate, then your obligations to the tenancy will continue until the end of your tenancy. If your tenancy has not yet ended, then you are also responsible for the actions of anyone at the property at your invitation (including your flatmates).
I suggest discussing the matter with your landlord and your flatmates, as this may affect whether your landlord agrees to end your tenancy and sign up a new one with your flatmates.
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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