The rules for ending fixed-term tenancies that are explained on this page only apply to fixed-term tenancies entered into after 11 February 2021. For fixed term tenancies entered into before this, the previous law applies. See this information from Tenancy Services for details.
Fixed-term tenancy generally converts to periodic at end of term
Ordinary fixed-term tenancies automatically become periodic tenancies the day after the tenancy’s end date, unless:
- the landlord and tenant agree otherwise, or
- the tenant gives notice that they want the tenancy to come to an end (at least 28 days before the end of the term), or
- the landlord gives notice to end the tenancy using one of the specified reasons (s 60A RTA).
Rules for short fixed term tenancies are slightly different.
If the landlord wants to renew a fixed term tenancy, but the tenant does not, then the tenancy will automatically become a periodic tenancy after the tenancy’s end date. It requires both the landlord and the tenant to agree in order to enter into another fixed-term tenancy.
Quick tip
The landlord cannot end a tenancy at the end of the fixed term unless they have grounds for termination.
Ending a fixed-term tenancy early
The circumstances for ending a fixed-term tenancy early are limited. The idea of a fixed-term tenancy is that it gives both parties certainty that the property will be tenanted for this period. Neither the tenant nor the landlord can end a fixed-term tenancy early by giving notice, however, there are some situations when an early exit may be possible.
Ending a fixed-term tenancy early with agreement
The easiest way to end a fixed-term tenancy early is for the tenant and landlord to agree to this.
If the tenant and landlord agree to end a fixed-term tenancy early, it’s important that this agreement is in writing and that the tenant keeps a copy of this agreement. The agreement should clearly state everything that has been agreed on.
Ending a fixed-term tenancy early by finding other tenants
One option for a tenant wanting to end a fixed-term tenancy early is to look at getting a replacement tenant either by subletting the tenancy or replacing the tenant (assignment). Both subletting and assigning a tenancy require the landlords permission.
Ending a fixed-term tenancy early by applying to the Tenancy Tribunal
If the tenant is facing an unexpected change in circumstances they may be able to apply to the Tenancy Tribunal to end the tenancy early. The tenant will need to convince the Tribunal that the hardship that they face in continuing with the tenancy outweighs the hardship the landlord will face by having the tenancy ended early (s 66 RTA).
If the tenant lives in unit title premises, eg, apartment, terrace housing, they can also apply to end the tenancy early if there is a change in body corporate rules that would negatively impact on the tenant (s 66(4) RTA).
Ending a tenancy because of family violence
The Residential Tenancies Act now contains provisions that will ensure tenants experiencing family violence are able to leave tenancies if they need to (s 56B RTA). Read more about how to end a tenancy because of family violence.
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