TERMINATION OF A TENANCY

If the tenant wants to leave or the lessor wants the tenant to leave, there are certain procedures that must be followed to terminate the tenancy agreement. Most tenancy disputes arise when the tenancy agreement ends. It is important that both tenants and lessors apply the correct procedures when they wish to terminate a tenancy agreement.

A tenancy agreement can only end in the following situations

• a fixed term agreement ends and the tenant vacates the property on or after the date of expiration.
• the tenant gives the lessor notice of an intention to terminate the tenancy and vacates the property in accordance with that notice.
• the Tribunal terminates the agreement.
• the Tribunal makes a termination and possession order.
• the tenant abandons the property
• a person other than the lessor may terminate the agreement if he or she is a successor in title to the lessor.
• the tenant and the lessor agree in writing to terminate the agreement
• where the tenant and the lessor are the same person.
• where the lessor or tenant repudiates the agreement and the other party accepts that repudiation and the property is vacated.

Either the tenant or the lessor can seek to terminate a tenancy agreement. A tenancy agreement can be terminated by giving notice in the approved form or by the Tribunal, Whether you give notice or approach the relevant tribunal will depend upon the reasons for seeking termination.

See: periodic tenancy