TERMINATION BY NOTICE BY TENANT

A tenant can terminate a tenancy agreement by giving notice in the approved form where:

• the lessor has breached the terms and conditions in the tenancy agreement.
• the property are not fit for habitation or the property will not be available due to Government action.
• a fixed term tenancy agreement has ended.
• a tenancy agreement is periodic.

Where a tenant terminates an agreement by notice, rent is still payable until the date specified in the notice of intention to vacate or until the tenant vacates the property, whichever is the latter.

BREACH OF TERMS AND CONDITIONS
If the lessor has breached the terms and conditions in the lease agreement, then the tenant can seek to terminate the agreement by applying directly to the Tribunal or by giving notice to the lessor by following these steps:

• written notice to remedy-the tenant must give the lessor written notice requesting that he or she remedy the breach within a prescribed epriod.
• breach remedied-if the lessor remedies the breach within the prescribed peruiod period, the tenancy continues.
• notice of intention to vacate -if the breach is not remedied or it can't be remedied the tenant can give a notice of intention to vacate the property with a notice within a prescribed period.
• breach remedied-if the breach is remedied during the prescribed period in the notice of intention to vacate the tenant has the choice of continuing the tenancy or vacating it at the expiration of the prescribed period.
• the agreement is terminated on the date specified in the notice of intention to vacate.

PROPERTY NOT FIT FOR HABITATION OR NOT AVAILABLE DUE TO GOVERNMENT ACTION

In exceptional circumstances where the property is not fit for habitation (for example, an internal wall has collapsed or the roof has blown off) or is unavailable due to Government action (an area has been evacuated for quarantine purposes), the tenant has two options:

• the tenant can terminate the tenancy agreement by giving the lessor notice within a prescribed period. The agreement terminates at the end of the prescribed period.
• if the tenant does not give notice to terminate the agreement, then the agreement continues. However, if the tenant doesn't occupy the property for the period when the property is uninhabitable, he or she is not liable to pay rent. When the tenant resumes occupancy of the property, he or she must continue to pay rent.

AT THE END OF A FIXED TERM TENANCY AGREEMENT
At the end of a fixed term tenancy, for example at the end of a 12 month tenancy, the tenant can terminate the tenancy by giving the lessor notice within a prescribed period. However, at the end of the fixed term period, if a tenant doesn't terminate the fixed term agreement, the tenancy may become a periodic tenancy.