Termination of fixed term lease

[charmed]

Hi everyone, I have read through dozens of pages of forum posts to see what landlords and tenants have experienced to see if anyone has been in a similar situation to me.

I am the tenant in this case and signed up to a long term lease. I served my landlord with a 10 day letter asking for a small rent reduction backdated to the beginning of tenancy for the ongoing issues, fair and reasonable compensation for issues with renovations and being unable to use parts of the property, and requesting issues be resolved, including major health and safety issues and breaches of the building act, and to terminate my fixed term lease and replace it with a periodic lease.

I included a report which documented each issue, and provided photos.

I informed my landlord that I would be making a claim with the Tenancy Tribunal if my demands were not met.

The following day a letter from my landlord appeared in my letterbox, telling me my lease had been terminated as requested. However it has not been replaced with a periodic lease. They requested I contact them with my dates I would vacate the property.

I am sure that ignoring the rest of the 10 day letter and terminating my lease is retaliatory and what are my rights here? Do I have to move immediately? or does Section 60(1) of the Act apply?: “Where a tenant remains in occupation of the premises after the tenancy has terminated… all the obligations of the tenant shall continue in force as if the tenancy is still subsisting until such time as the tenant ceases to occupy the premises”.

I would be interested in your thoughts

[essence]

Section 54 applies in this case, therefore you need to act fast. Get in contact with Tenancy Services immediately (not sure if they're open in the weekend though!), and they'll be able to advise you.

Given your comments, it seems a retaliatory notice to me. Check out RTA Section 109 (4)(c).

You need to work out what your bottom line is - ie moving out, staying w reduced rent, renovation etc etc.

If you do decide to shift, make sure it's on your terms (ie you need to find a place first) and that LL will pay shifting costs etc.

Good luck and keep us posted.

[charmed]

Thanks for that prompt reply! and good advice. I called tenancy services once I read the letter but they only work week day office hours. So will be contacting them first thing on Monday.

[essence]

Put all your interactions (phone calls, texts, emails, letters) in a written statement in chronological order. Submit this w your tenancy application.

Keep emotion out of your arguments.

You can apply for Tenancy Tribunal hearing here and it costs non-refundable $20. TS will probably give you a MEDIATION date first.

[Property Man]

Hi Charmed,

Essence has given you very good advice. If you are correct in what you say then they can't just terminate the tenancy.

If they do not agree to any fair requests then I would take the landlord to TT.

Keep us posted

Regards
Aaron

[SuperDad]

Hi Charmed,

When you say that the lease is a "long term lease", do you mean that you are in a fixed-term tenancy?

Paul.

[charmed]

Hi Charmed,

When you say that the lease is a "long term lease", do you mean that you are in a fixed-term tenancy?

Paul.

Yes.

I asked my landlord to let me out of my fixed term tenancy and replace it with a periodic one due to the condition of the property and ongoing issues. When I discussed it with them in person they refused, however after serving them with a 10 day notice to remedy all of the outstanding issues, they responded by telling me they had terminated my lease "as requested"

[Keys]

..... and it costs non-refundable $20.

Oh Joy! That's about to change. Yipee. [reads on through the thread]

[Keys]

they responded by telling me they had terminated my lease "as requested"

Ping back Section 11(3) to them. Tell them it's all or nothing with your offer to cancel the FTT.

[SuperDad]

As it is a FTT, then section 54 does not apply, as essence suggests it might.

Do you want to stay in the property on a FTT? If you do, make an application to the tenancy tribunal under section 77(2)(b) to clarify the fact that it is still a FTT.

In the same applicaiton apply for a works order to have the outstanding maintenance issues addressed.

[TWT]

Once you have a fixed term agreement those terms a binding unless both parties mutually agree in writing.

The only solution is to serve the LL a 10 day notice (add 4 days if posting)to rectify the specific issues and if no joy then go to the TT to get a mediation date. Your tenancy cannot be canceled from one party it must be a mutual agreement..... so if you believe they are breaching the terms of the act supplying a healthy environment... then the 10 day and then TT mediation is the only solution.

[charmed]

Hey thanks for all the replies

Keys will check the link you put up

Poster above (sorry cannot remember your name) I have already issued a 10 day notice with the items that need to be fixed.

I dont want to stay in the FTT, I requested the FTT be replaced with a periodic one yet they ignored that, and the request for rent refund/ compensation and the dozen maintenance requests and terminated my tenancy.

Will keep you all posted

[SuperDad]

Once you have a fixed term agreement those terms a binding unless both parties mutually agree in writing.

The only solution is to serve the LL a 10 day notice (add 4 days if posting)to rectify the specific issues and if no joy then go to the TT to get a mediation date. Your tenancy cannot be canceled from one party it must be a mutual agreement..... so if you believe they are breaching the terms of the act supplying a healthy environment... then the 10 day and then TT mediation is the only solution.

A FTT can also be terminated under other circumstances. Three quick examples:

1. By order of the TT (section 50(f)).
2. Where the tenant buys the property (section 50(c)).
3. Destruction of the premises (section 59).

[Keys]

Mortgagee sale.