In what circumstances can we get out of our fixed term tenancy?

Question Details: Our neighbours are constantly fighting, smashing fences, breaking their own windows, screaming, having the police there, throwing things over the fence at our property. My wife fears for her safety when home alone. We are on a fixed term tenancy until next year, in what circumstances can we get out of it?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

The best way to get out of your fixed term tenancy is to come to an agreement with your landlord. You and your landlord can agree to end the fixed term early.

Another way to get out of your fixed term tenancy (or if you and your landlord cannot come to an agreement about ending the tenancy early) is to apply to the Tenancy Tribunal to have the tenancy ended early. You will need to show the Tenancy Tribunal that you have had an unforeseen change in your circumstances and that you will suffer severe hardship if the tenancy is not ended early. The hardship you suffer needs to be greater than the hardship the landlord would suffer as a result of the tenancy finishing early.

If the Tribunal decides to reduce the term of the tenancy, it could also order you to pay compensation to cover any cost or loss suffered by the landlord as a result of the tenancy finishing early.

For more information about finishing fixed term tenancies early, click this link www.communitylaw.org.nz.

For general information about the Tenancy Tribunal, click this link: www.dbh.govt.nz.

For useful information about applying to the Tenancy Tribunal, click this link: www.dbh.govt.nz.

Answered 30 Sep 2012. The IMPORTANT NOTICE below is part of this answer.

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