This guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a Residential Tenancy. This applies to the majority of share accommodation and residential property rental situations. To confirm it covers your situation visit What is my share accommodation situation?
Depending on the reason and circumstances, there are two different ways that the tenancy can be terminated: giving a notice to the landlord, or applying directly to the Court. Read this section to see which way applies to your situation.
The tenant can terminate the agreement under the following circumstances by giving the tenant a Notice to Terminate. If the landlord receives a notice to terminate, they have two options:
Important for Tenants:
Tenants should not move out immediately after giving the landlord a Notice to Terminate. You should wait until the landlord either accepts the termination or, if the landlord disputes the termination, the Court orders termination. If you move out and stop paying rent but your Notice to Terminate is invalid or not confirmed, then you will have abandoned the premises and may be liable to compensate the landlord.
Landlord does not carry out repairs: 14 days notice
The tenant can give the landlord a Notice to Terminate if the landlord has not carried out repairs within 28 days of being notified by the tenant. The tenant must have notified the landlord within 7 days of the need for repairs. The need for repairs must not have been caused by the tenant’s actions. The tenant can terminate even if the fixed term has not expired.
The tenant must give the landlord at least 14 days notice of termination.
Landlord breaches tenancy agreement: 14 days notice
The tenant can give the landlord a Notice to Terminate if the landlord has breached the agreement or failed to comply with a provision of the agreement. The tenant must give the landlord at least 14 days notice of termination. The tenant can terminate even if the fixed term has not expired.
If the landlord fixes the breach and/or complies with the provision within the notice period, then the agreement will not be terminated. If however the landlord does not fix the breach or continues to not comply with the provision, then the agreement will terminate on the date specified in the notice to vacate. This does not apply to any provision about repairs.
If the landlord does fix the breach or complies with the provision within the notice period, they should notify the tenant as soon as possible.
Periodic Agreements: termination for no reason: 14 days notice
The tenant can give the landlord a Notice to Terminate for no particular reason if the agreement is for a periodic tenancy. A periodic tenancy is an agreement without a fixed term. If a fixed term tenancy continues after the end of the fixed term, it also becomes a periodic tenancy.
The tenant must give the landlord at least 14 days notice of termination.
Fixed Term Agreements: breaking the lease: maximum notice possible
If the tenant terminates the agreement before the end of a fixed term without a particular reason allowed by law, they are ‘breaking the lease.’ Breaking the lease is a breach of the tenancy agreement. Generally, tenants will be liable to compensate the landlord for breaking the lease by paying rent until a new tenant moves in or until the end of the fixed term, which ever happens sooner.
If you break the lease as a tenant, you should give the landlord as much notice as possible. Ideally, this should be at least 2 weeks using a Notice to Terminate, which will allow the landlord time to find a new tenant. With the landlord’s consent, tenants can also assist in finding a new tenant which will reduce the amount of compensation they would otherwise be liable for.
Under the following circumstances, the tenant can only terminate by applying directly to the Magistrates Court for a termination order. Tenants must use Form RT02 to make an application. The tenant must also give a copy of the application to the landlord as soon as possible after applying to the Court.
Serious Damage to Rented Premises
The tenant can apply for a termination order if the rented premises has been intentionally or recklessly damaged in a serious way by the landlord, or if the landlord allowed the damage to occur (even if another person caused the damage). This also applies to contents of the premises.
The tenant can also seek a termination order if they believe that serious damage is likely to occur in the future.
Physical Injury to Tenant or neighbour
The tenant can apply for a termination order if the landlord has physically injured the tenant or a neighbour. The tenant can also seek a termination order they believe the landlord is likely to cause an injury in the future.
These legal guides provide a brief summary and introduction of the laws and regulations affecting share accommodation. They do not cover all cases in all legal jurisdictions and might not apply in your specific share accommodation situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Acts. We do not accept any liability that may arise from the use of this information.