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Question Details: I would like to end my tenancy, and I have a colleague who would like to move in the weekend I move out. I discussed this with the letting agent and asked them to contact the owners to see if they were happy/unhappy with situation before writing a termination letter. However, the agent will not contact the owners to discuss the situation, stating she cannot do anything until she receives the letter of termination. I am in a catch 22 situation, as if they are unhappy I will not write the letter and risk being told to move early or pay extra costs. What do I do? Can I contact the owner directly?
Filed under Tenancy | 1463 View(s)
Community Law Wellington & Hutt Valley
Fixed-term tenancies are for a specific length of time and cannot be ended by one party giving notice during the term. They can only be ended by mutual agreement between the tenant and the landlord (or by order of the Tenancy Tribunal). Sometimes a tenancy agreement can be assigned to a new tenant (as you are suggesting).
Check your tenancy agreement to see whether it allows you to sublet or assign your lease. If so, bring this to the attention of your letting agent. Your colleague will also want to make sure that they have entered into a new tenancy agreement if they want to stay on after the fixed term ends.
If your tenancy agreement does not allow for assigning or subletting, it is still worth talking to the letting agent again and explaining your situation clearly. You could offer to talk to the landlord directly to help resolve the situation quickly. There seems to be some confusion if the letting agent thinks you are trying to terminate the tenancy unilaterally, because that is not possible with a fixed term.
It is important to remember that if you break a fixed term contract without the letting agent's agreement, you can be liable for rental costs incurred through to the end of the fixed term.
The Ministry of Business, Innovation and Employment's 0800 TENANCY number may be able to give you some more information about your options.
Answered 24 Feb 2013. The IMPORTANT NOTICE below is part of this answer.
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