Housing and Tenancy

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Vacation - when a tenant ends the tenancy

Where a tenant or resident wants to leave the premises, it is important to establish whether the tenancy/residency is fixed term or periodic.

  • If the agreement is periodic, the tenant must provide the landlord with 28 days Notice of Intention to Vacate (s 235). An exception is where section 237 applies in which case a tenant can give 14 days notice. 
  • If the agreement is fixed term and the tenant wishes to vacate before the end of the term, a landlord may claim compensation for losses arising from the tenant's breach of contract.

Note

Parties to tenancy agreements may apply for a reduction of  the fixed term agreement where due to an unforeseen change in circumstances, they will suffer severe hardship if the term is not reduced and that hardship is greater than the hardship the other party would suffer if it were reduced (s 234).

For tenants, the notice must be in writing and signed (s 318). The notice must be served in accordance with section 506.