[ASK] Terminating Fixed Term Tenancy

[Kevin Kantono]

Hi all,

I'm very" annoyed as well with this fact, that I need to end my fixed term tenancy with Chas Wilson Ltd. (RW). The fixed term tenancy will end on end January 2012, but I need to go back to my country due to family problems, on early November. Is there any way to actually end the fixed term? I've read dozens of posts here about this. And what I can learn are these

1. Unless both parties agrees, it will end.
2. Unless hardship is involved, it won't end.
3. Unless I can find them a new tenant.
4. If none of those apply, I would need to pay them until the fixed-term tenancy ends which is on January 2012, unless they find any other tenant?

Is this correct or am I still missing quite few vitals point?

[Keys]

Correct. Two more points are:

Destruction of the property. Earthquake, fire, flood. You can end it.

Mortgagee sale. You can end it.

[Kevin Kantono]

so if I were to end the fixed term tenancy, I would need 2 pay the LL until they find new tenant which is from November 2011 to January 2012? In the mean time, will the unit still can be habitable by other tenants (since I have 1 flatmate and he is not going)

[Dunning]

You are stuck with be legally responsible for the tenancy until the end date.

Have you talked with the landlord and explained that you wish to end it early due to family issues? They may be understanding.
Are you returning to NZ before the end of January?

Do you trust your flatmate to look after and clean up the property at the end of the tenancy?
You may be able to rent out your room between when you leave and the end of the tenancy but I could be wrong about this.

[essence]

Agree with Dunning, you are still legally for tenancy until end date.

At the end of the tenancy, if your flatmate leaves the dwelling a mess (ie does NO cleaning, or damages property etc etc) YOU ARE BOTH LEGALLY LIABLE FOR COSTS TO REPAIR THE PROPERTY to the state it was in at the beginning of your tenancy. If there is a difficulty finding the other flatmate, the LL can make you liable for ALL the repairs.

If your flatmate keeps paying his/her half of the rent until the end of the tenancy - great. If he/she stops paying, you are legally responsible for ALL RENT UNTIL TERMINATION DATE.

I would suggest you try and get another flatmate and get that flatmate to replace you on the tenancy agreement and take your name off. Advise the LL that this is what you are trying to do.

Don't try and do a sneaky on the LL, it'll come back to bite you eventually.

[drelly]

No tribunal would hold you to the tenancy if you can prove you have to leave.

[Perry]

Anyone Who Had A Heart

If there's one thing that's implicitly common, in the comments so far,
it's that you should not presume the worst. There are scumbag LLs
and there are scumbag tenants. But don't let that blind you to the
fact that there are many, many good tenants and many, many good
LLs & PMs. To illustrate . . .

A newish, foreign national tenant came to me and explained (in great
emotional distress and lots of tears) that she had received a phone
call overnight, telling her that her mother had died, suddenly. She was
greatly distraught, yet very concerned at her FTT obligations.

I gave her a sympathetic hug, told her how sorry I was at her anguish,
adding that she must commence her journey home ASAP. I further added
that she could just walk away from her tenancy (gimme the keys!) and
that I would tidy up, re-let it and absolve her of any further obligations.

For crying out loud - all LLs & PMs are not avaricious monsters!

[drelly]

For crying out loud - all LLs & PMs are not avaricious monsters!

I agree with Perry... but I've also been in the situation where a tenant lied about a terminal illness in the family to break a FTT.

[Tan]

I can't see the problem here.
The existing flatmate either takes over the tenancy (with appropriate paperwork), or they decide to both leave the flat, enter discussions with the landlord to re-tenant in plenty of time and there is no vacancy period.

Any re-leasing costs should be met by the tenant, but this can be negotiated.

I realise it's a FTT, but they are broken regularly for various reasons.

[Perry]

For crying out loud - all LLs & PMs are not avaricious monsters!

I agree with Perry... but I've also been in the situation where
a tenant lied about a terminal illness in the family to break a FTT.

There are always going to be a few bad ones. Par for the
course in any business. I suspect that all PMs & LLs have
had the wool pulled over their eyes at some stage. But
that should neither blind them to the fact that it's a small
minority, nor make them treat all of their customers as
devious delinquents.

Just part of 'enjoying' the heat in the kitchen.

[Kevin Kantono]

Thx guys for replying

I've decided to do the following

1. Talk to my LL/PM whether she can hold it and terminate it

2. If she don't agree, then I will find new tenants for her, and put my name off

3. If I can't find any, then I will just have to pay till the FTT is done

Does this sound reasonable?

[Tan]

Sounds good. I can't imagine you not being able to find replacement tenants.
An alternative in that situation could be to get someone in at a lower rent and pay the difference until the end of the tenancy (either in a lump sum when you leave or weekly).

[Teresa024]

Either ask your flat mate to take over the tenancy (and change appropriate paper work) if he/she won't then let your Land lord know you plan on leaving. You will be liable for rent until they find someone to replace you. If you need any help finding a new tenant I'm a property manager and we offer a casual letting service at no charge.
Teresa
021 2700001
09 529 1880
[email protected]