How to End a Tenancy Agreement

Steps for a tenant to end (terminate) a tenancy

1. Give the landlord/agent written 'notice of termination' (see below) with the right amount of notice. If you are posting the notice, allow 4 extra days for delivery.
   
   
2. Remove all of your belongings. Clean and take photos of the premises. Leave the premises as you received them except for fair wear and tear.
   
   
3. Invite the landlord/agent to inspect the premises and complete the final condition report. They do not have to do this before you give them the keys. (This is why you take photos.)
   
   
4. Attend the final inspection by the landlord/agent, if possible. Participate in the inspection and get a copy of the condition report.
   
   You can complete a final condition report, without the landlord/agent, to go with your photos. Get a friend to assist and witness your condition report. You do not have a right to go back into the premises once you have handed back the keys.
   
   
5. Lock up the premises and hand back the keys to the landlord/agent. Get a receipt for the keys.
   
6. Claim the Bond. Once you have returned the keys, you can claim the bond without the landlord/agent’s signature. So, if you do not agree about the bond, send a completed bond claim form to the Office of Fair Trading as soon as possible.

If you receive a notice of hearing from the Consumer, Trader and Tenancy Tribunal (CTTT), you should attend and participate in the hearing. You can contact your local Tenants Advice and Advocacy Service (TAAS) for help.

 

Notice of termination at the end of a fixed-term agreement

You can end the agreement at the end of the fixed term by giving the landlord 14 written days notice up to and including the last day of the term. You need not give a reason. If the agreement does not end in this way then it automatically becomes a continuing agreement.

 

Notice of termination to end a continuing agreement

To end a continuing agreement for no particular reason, you must give 21 days written notice.

 

Leaving because the landlord breaks the agreement

If the landlord breaks a term of the agreement (called a 'breach') the law says you can give 14 days written notice to leave. However, be careful when doing this because:

• the landlord may deny the breach and claim that you had no right to end the tenancy
• the CTTT may find that the breach was not serious enough for you to end the tenancy
• the CTTT could view leaving as abandonment of the tenancy rather than termination for breach.

You may lose your bond and/or have to pay more compensation to the landlord for their loss of rent. If there are problems in your tenancy which the landlord does not fix, it is better to take action in the CTTT – you may be able to settle the case in conciliation with the landlord.

 

Immediate notice of termination

You or the landlord can give immediate written notice of termination if the premises:

• are destroyed
• are made wholly or partly unusable
• cease to be a lawful dwelling
• are appropriated or acquired by any authority by a compulsory process.

An example is where premises are unusable due to floods, fires or storms. If you are considering giving such a notice (or you receive one) get advice from your local TAAS.

 

Ending the agreement early

If you are facing serious hardship you may apply to the CTTT for an order allowing you to terminate your tenancy agreement before the end of the fixed term. Provide evidence of your hardship (e.g. bank statements, doctor's letters).

If the CTTT allows you to break your agreement early, it may order you to pay some compensation to the landlord.

If you decide to end the agreement early without a CTTT order, give to the landlord/agent written notice with the date you are moving out. However, you may have to compensate the landlord for some, or all, of the following costs:

• an amount equal to the lost rent until a new tenant moves in, or until the end of the fixed term, whichever is the lesser amount
• advertising costs
• a re-letting fee
• the difference between your rent and the new rent for the rest of the fixed term, if the premises can only be re-let at a lower rent
• a fee for preparation of a new agreement, up to a maximum of $15, plus GST.

The landlord must take practical steps to get a new tenant.

 

How to give notice

Notice to end your agreement should:

• be in writing
• be signed by you and all other tenants whose names are on the tenancy agreement
• give the address of the premises
• give the date you are moving out
• state why you are giving notice (e.g. landlord has breached the agreement) and give details
• be dated.

The notice can be posted or hand delivered to the landlord/agent (if posted, allow an extra 4 working days for delivery). Keep a copy for yourself.

Useful Links

• Your local Tenants Advice and Advocacy Service: www.tenants.org.au/publish/contact-us
• Other factsheets: www.tenants.org.au/publish/factsheets
• NSW Fair Trading Information Centre: 133 220

Source: www.tenants.org.au