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[ASK] Terminating Fixed Term Tenancy

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  • [ASK] Terminating Fixed Term Tenancy

    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?

  • #2
    Correct. Two more points are:

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

    Mortgagee sale. You can end it.
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    • #3
      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)


      • #4
        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.


        • #5
          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.
          Patience is a virtue.


          • #6
            No tribunal would hold you to the tenancy if you can prove you have to leave.
            You can find me at: Energise Web Design


            • #7
              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!


              • #8
                Originally posted by Perry View Post
                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.
                You can find me at: Energise Web Design


                • #9
                  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.


                  • #10
                    Originally posted by Perry View Post
                    For crying out loud - all LLs & PMs are not avaricious monsters!
                    Originally posted by drelly View Post
                    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.


                    • #11
                      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?


                      • #12
                        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).


                        • #13
                          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.
                          021 2700001
                          09 529 1880
                          [email protected]