Breaking Fixed Term Lease

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 procedure are: $230 plus gst for advertising and 1 weeks rent plus gst administration fee. The fee of $120 plus gst is for a single person (ie. replacement of one tenant in a student flat). The tenant also acknowledges that these are (non refundable) fees involved in breaking lease and there is no guarantee to be able to break lease. If a break lease request is accepted Click will request advertising and letting funds. Once full funds are received the property will be advertised for rent and Click will facilitate the process.

The tenant acknowledges that upon any early release from a tenancy agreement the tenant agrees to give 2- 3 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 landlords 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.

 

Break Lease Details and Showing Agreement details:
Please specify who is breaking lease
Tenant name/s
Rental address
Contact phone number
Contact email
Date you wish to Vacate
Reason for breaking lease
Option to upload any supporting documentation, ie. redundancy letter
Declaration

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