In accordance with Section 66 of the Residential Tenancy Act 1986 fixed term tenancies are a legal agreement between both parties, for a specific length of time and cannot simply be ended with notice.
Should a tenant need to enquire about breaking a fixed term lease, the first thing to do is complete the form below which confirms the request. This must also include the reasons for breaking lease.
Click will then approach the owner to seek approval or obtain their instructions as to whether they approve for the tenant to go down the break lease procedure.
If the owner gives approval the tenant will be required to come in to our office to discuss the full break lease procedure.
If not then the tenant will need to apply to the Tenancy Tribunal under Section 66 citing severe hardship. If the tenant meets the hardship criteria then the Tribunal may shorten the tenancy. When this happens it is usual for the Tribunal to award compensation for any loss the Landlord may suffer.
The break lease costs incurred by the tenant to start a break lease full house procedure are: $380.00 plus gst for advertising (which once listed is non refundable). You will also incur an administration fee of (on average) $742.50 plus gst. A fee of $120 plus gst is payable upfront for each room changeover (ie. student flat).
The advertising fee will need to be paid upfront to enable Click to commence the process to find a suitable replacement tenant(s) to potentially relinquish you from your tenancy agreement. Any interim administration fee paid will be washed up once the actual costs and time spent on the process is completed. A full schedule with indicative break lease costs is available on request.
The tenant acknowledges that upon any early release from a tenancy agreement the tenant agrees to give 2- 3 (working) days vacant property possession to the property manager between tenants to allow an exit inspection, any cleaning, property checks and an entry inspection for new tenants.
The tenant is legally liable to pay the rent until the day before the new tenancy commences (and not the day that they vacate the property).
The tenant may also be liable for other costs, ie. smoke alarm check and potential meth tests - as per your landlord's requirements.
It is important to know that if a suitable replacement tenant can be found to take over a lease, the new tenant must satisfy Click tenant criteria and be subject to approval from the owner. No tenant/tenancy change over can occur without Click approval. The tenant also acknowledges that there is no guarantee to be able to break lease.