Can I hand in my 3 weeks notice without breaching my tenancy agreement if the agreement contains the wrong dates?

Question Details: On my flat tenancy agreement my landlord wrote the fixed term dates as "Jan 2013-Jan 2013". The agreement was meant say "Jan 2013-Jan 2014". Can I hand in my 3 weeks notice without breaching my tenancy agreement because the agreement contains the wrong dates?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

No, you cannot give notice to terminate a fixed term tenancy. You have acknowledged that the dates recorded in the agreement are purely an error, and that your agreement was meant to run for a fixed term until January 2014. Your actions in staying in the flat throughout 2013 indicate that you and your landlord intended the tenancy to continue past January 2013. The Residential Tenancies Act 1986 says that parts of a tenancy agreement that are not in writing can still be enforceable. In your case the agreement that the tenancy runs to January 2014 is unwritten, but is still enforceable.

For further information you should look at www.dbh.govt.nz or www.communitylaw.org.nz. Or call 0800 TENANCY.

Answered 5 Dec 2013. The IMPORTANT NOTICE below is part of this answer.

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