I have a fixed term agreement with my flatmate who is my landlord, can I end the agreement early?

Question Details: I would like to leave my current flat and carry on travelling; however the landlord says I cannot break the agreement and will have to wait until the term is up. I have since found out I maybe signed onto the wrong type of tenancy agreement as the landlord is living with me. If this is the case, can I break the agreement and leave?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

You can end a fixed term agreement early with the consent of the landlord. There are also options for ending a fixed term tenancy under the Residential Tenancies Act 1986 (see dbh.govt.nz) but, as you know, they do not apply in your situation because you live with the landlord.

You could ask your landlord if you could transfer the agreement to another person.

If the landlord does not agree to ending the agreement early, or transferring it to another person, you could make a claim in the Diputes Tribunal. Click here to find out how to make a claim: www.justice.govt.nz.

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