Ending a Fixed Term Agreement in New Zealand: A Comprehensive Guide
Fixed term agreements are a common type of tenancy agreement, particularly in New Zealand. As the name suggests, these agreements are designed to last for a fixed period of time, often six or twelve months. While fixed term agreements can provide tenants with security and stability, they can also be inflexible, limiting a tenant`s ability to move or negotiate changes to the agreement.
So, what happens when a tenant wants to end a fixed term agreement in New Zealand? The process can be complex, particularly if the landlord is unwilling to accommodate the tenant`s request. In this article, we`ll provide a comprehensive guide to ending a fixed term agreement in New Zealand, including your rights as a tenant and the steps you need to take to terminate the agreement.
Know Your Rights
Before we get into the nitty-gritty of ending a fixed term agreement in New Zealand, it`s important to understand your rights as a tenant. The Residential Tenancies Act 1986 sets out the legal framework for tenancy agreements in New Zealand, including fixed term agreements.
Under the Act, tenants have the right to terminate a fixed term agreement early under certain circumstances. These include:
– If the landlord agrees to the termination
– If the tenant assigns (transfers) the tenancy to another person (with the landlord`s consent)
– If the tenant sublets the property (with the landlord`s consent)
– If the landlord breaches the agreement
– If the tenant is in a family violence situation
– If the tenant is a victim of sexual assault
– If the tenant is in a rest home or hospital
If none of these circumstances apply, tenants may still be able to end their fixed term agreement early if they negotiate a mutual termination agreement with the landlord. However, the landlord is not obligated to agree to this.
If a tenant does terminate their fixed term agreement early, they may be liable for rent and other costs up to the date the agreement was due to end. However, if the landlord re-lets the property before the end of the fixed term, the tenant may be entitled to a refund of any rent paid for the period after the new tenant moves in.
Steps to End a Fixed Term Agreement
If you`ve decided to end your fixed term agreement early, the first step is to talk to your landlord. Explain your reasons for wanting to terminate the agreement and see if they`re willing to accommodate your request. If you`re terminating the agreement because the landlord has breached it, make sure you have evidence to support your claim.
If the landlord is willing to agree to the termination, make sure you get this in writing. This should include the date the tenancy will end and any other relevant details.
If the landlord is not willing to agree to the termination, you may need to take further steps. The next step is to apply to the Tenancy Tribunal, which is a government body that helps resolve disputes between landlords and tenants. You can make an application online or by completing a paper form and sending it to the Tribunal.
The Tribunal will hear your case and make a decision based on the evidence presented. If the Tribunal agrees to terminate the agreement, they will issue an order setting out the details. If the landlord fails to comply with the order, they may be liable for penalties and fines.
Final Thoughts
Ending a fixed term agreement in New Zealand can be a complex process, but it`s important to know your rights and the steps you need to take to terminate the agreement. Remember that your landlord is not obligated to agree to the termination, but if you have a valid reason for ending the agreement, you may be able to negotiate a mutual termination or apply to the Tenancy Tribunal. As always, make sure you seek legal advice if you`re unsure about your rights and obligations as a tenant.