Can you break a tenancy agreement early

This article is provided as a guide. Any information should be used for research purposes and not as the base for taking legal action. The Tenants' Voice does not provide legal advice and our content does not constitute a client-solicitor relationship. We advise all tenants to act respectfully with their landlords and letting agents and seek a peaceful resolution to problems with their rented property.

For more information, explore the articles in our Moving category. For more ways to reach us, please visit our contacts page. Karen asked us a simple, but very common question: I have a fixed term tenancy of 12 months, can I break it early and can my landlord charge me rent until he finds a new tenant?

Fixed term tenancies The fixed term, regardless the type of tenancy has a single function — preserve the tenancy unchanged for the fixed period, usually 6 or 12 months.

Can you end a fixed term tenancy? Image Source Disclaimer This article is provided as a guide. Moving in? If the Tribunal makes the order, it will end your tenancy and specify the day by which you must vacate. Giving a termination notice Give a minimum day termination notice that says it is for breach of agreement. Applying for a termination order You must apply within 3 months after you become aware of the breach. Ending tenancy early due to premises being unusable Give an immediate termination notice and vacate if the premises: are destroyed or become wholly or partly unliveable not due to breach of agreement , or can no longer be lawfully used as a residence, or are acquired or appropriated by a government authority by compulsory process.

Ending tenancy early due to a rent increase in a 2-year or more fixed term Give a minimum day termination notice and vacate. You need or have accepted a place in an aged-care facility.

The landlord wants to sell the premises and they did not tell you this before entering into the tenancy agreement. The landlord failed to disclose to you that the premises were listed on the Loose-filled Asbestos Insulation LFAI Register prior to you entering into the agreement.

Ending tenancy early due to hardship Apply to the Tribunal to terminate your fixed-term agreement if there are special circumstances and continuing the tenancy would cause you undue hardship. Transfer of tenancy You can transfer the whole tenancy to another person if the landlord gives written consent. Breaking the agreement Write to the landlord to tell them you want to leave. For fixed-term agreements entered into before 23 March , the set break fee is: 6 weeks rent, if less than half of the fixed term has expired, or 4 weeks rent.

OR compensation to the landlord including advertising costs, re-letting fee and lost rent until a new tenant is found. The landlord must: provide the Tribunal with details of their losses e. In the meantime: Keep negotiating. You may come to an agreement before the tribunal hearing. Claim your bond back. See Factsheet Bond. Factsheet updated July This factsheet is intended as a guide to the law and should not be used as a substitute for legal advice.

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