Hardship

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If staying for the fi xed term will cause you severe hardship, you can apply to the Tribunal for an order that the term of your agreement be reduced.

You should ask the Tribunal for an urgent hearing. You will have to prove to the Tribunal that:

  • there has been an unforeseen change in your circumstances (eg you have lost your job)
  • you will suffer severe hardship if the agreement continues
  • the hardship you will suffer if the agreement is not ended will be greater than your landlord’s hardship if the agreement is ended

The Tribunal may be satisfied that you have experienced an unforeseen change in your circumstances that will cause severe hardship if:

  • you are a ‘protected person’ under one of those orders and you need to reduce the term of the agreement to protect yourself or your children, or
  • you are an ‘excluded person’ under a family violence intervention order or personal safety intervention order

The Tribunal can order that you pay compensation to your landlord for any loss caused by the fixed-term tenancy ending early.

This may mean that a hardship application is of no practical advantage, as your landlord may recover the same amount in compensation as they would have received if you simply broke the lease.

Assignment & sub-letting

You have the right to assign your interest in the tenancy to another person.

You also have the right to sub-let part of your interest in the tenancy to another person (eg for 6 months out of a 12-month tenancy agreement).

Make sure that you get your landlord’s written consent before you assign or sub-let a rental property